New Jersey has a list of all the cars that have been repurchased under the lemon law. The Manufacturer is required to brand the title as a lemon so any subsequent purchaser is on notice. The list is extensive.
The list comes from Motor Vehicle Commission.
The New Jersey Consumer Fraud Act is very powerful legislation. The Consumer Fraud Act as written prohibits deceptive practices in the selling of goods and services. The Consumer Fraud Act jury instructions specifically define deceptive practices as the following:
An “unconscionable commercial practice” is an activity in the public marketplace which is basically unfair or unjust and/or which materially departs from standards of good faith, honesty in fact and fair dealing. To find a commercial practice to be unconscionable, there should be factual dishonesty and a lack of fair dealing
There is a very good case in New Jersey to illustrate a deceptive practice.
In Herner, the Superior Court, Appellate Division, held that inspection company engaged in an unconscionable commercial practice in violation of the statute by failing to provide purchasers an inspection and report forthrightly disclosing certain physical conditions of house, and by failing to disclose that real estate agent was company's customer in fact and that company's marketing philosophy was to stress both positive and negative aspects of a house so that consumer would have little basis for calling off sale or renegotiating price.
My Prior post refers to a warranty on extension on Tacomas for rust. Now they have issued a buy back and will pay 150% for all current owners of the Tacoma.
This seems a logical follow up to their earlier extension of the warranty to 15 years. What will Toyota do if you already scrapped your truck. What about if you are out of pocket for repairs?
I guess the real question is why is this almost 13 years after the truck was first distributed. Is this real costumer service?
What was Toyota doing before March when they extended the warranties?
If you have a Toyota Tacoma that you previously owned and have questions feel free to call.
What is going on with the Toyota Tacomas ? Rust ?
There appears to be a long history of rust in these vehicles for which Toyota has been aware. It appears that in March there was an extension of warranty coverage for these trucks for up to 15 years..
Do we think that is a generous olive branch form the manufacturer? Well lets take a closer look. It appears that the truck that were having the problem were manufactured in 1995 to 2000. The "warranty extension" was offered don 2008. I guess Toyota has decided that better late than never is a good way to conduct business and keep the customers happy. Lets say for argument purposes only (I did not know this) Toyota knew about the problem in 1998, three years after the cars were in production. Well whats the problem, why did they wait so long.
I wonder when Toyota knew about the problem? Can we assume that it was before 2008, when the truck has been in action for over 13 years? Don't know.
What did Toyota agree to do with people who spent out of pocket money to fix these problems. What happened to people who sold the cars at a reduced value because of the rust problems?
Here is a list of complaints posted on the internet regarding the complaints.
According to an online source the The state is suing Castaway Pools & Spas of Vineland for allegedly violating consumer fraud and home improvement contracting laws.
The Consumer fraud Act permits the State to take appropriate action as part of their sovereign power and provides them with almost limitless remedies under the Consumer Fraud Act.
The people who were victims have several choices. They can work with the State to get their Consumer Fraud damages or they can sue on their own. There are pluses and minuses for both options, but if you work with the State you will probably will have less input than in a private civil action against the company in a civil action.
The State provided a press release
There is a phrase in Latin that means let the buyer beware, Caveat Emptor. New Jersey has abandoned this principle as it pertains to the Consumer Fraud Act. New Jersey through the Consumer Fraud Act has adopted a more ethical approach to sales. It is now the law that a person has the right to rely on representations made by another when dealing with that other person. The Consumer Fraud Act jury instructions specifically hold this to be true. 4.43 Consumer Fraud Act
The seller now has the responsibility to make sure that the representations as to their product are accurate and if they are wrong the responsibility of the seller of the goods.
According to internet news sources Volkswagen has issues a recall.
Volkswagen issued a recall of the Engine Control Module, which could cause an engine surge when the A/C is on. The same problem applies to 2008 Passat wagons.
Motor Trend also reported the recall
