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Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 33491
Experience:  Former Asst State Attorney/Hearing Officer
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I have a 2002 Toyota Tacoma that I bought a year ago at a

Customer Question

I have a 2002 Toyota Tacoma that I bought a year ago at a new car dealer ( A Nissan Dealer) I have had it back there 3 times for service for a new oil pan for an O2 censer and for an oil change. Now when I got it inspected somewhere else and it failed and I'm told the frame is so rotted that it's unsafe to be on the road & they would not even put it up on the lift. The place I bought it never mentioned anything about it. The other dealer is now under new ownership. Do I have any recourse?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Was the car purchased with a warranty or as-is?
Did you have it inspected by your own mechanic before the purchase?
Customer: replied 2 years ago.
30 day warranty, I did not have it inspected, the oil pan was replaced from the dealer I purchased from less than a week later.
Expert:  Loren replied 2 years ago.
Thank you for the additional information.
NY has a Lemon Law applicable to used cars which requires a dealer to repair certain items or to offer a refund if unable to repair. Being unable to repair means it has been in the shop at least 3 times for the same problem.
See the following link:
If you just discovered the rotting frame you may be too far outside the warranty period, though, for that issue.
You can try invoking the Lemon Law, but if the dealer balks I do not see that you have any other recourse except filing a consumer complaint with the NY Attorney General.
I realize this is probably not the answer you were hoping to receive.  Also, please remember that this is not necessarily a moral judgement on my part.   As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.