can i sue them?

[conchaivn]

hi everybody,
I'm new here. Nice to meet you all. I have this problem with a newly purchased used 2002 solara. I don't know where to turn to so I post it around forums hope somebody can help.

I previously purchased a used 2002 solara sle v6 from a used car dealer. I have just found out that the engine has been replaced. The place where the VIN number is has been cut off from this engine. I'm a totally newb in car world. Thats why it took me that long to find out. I bought the car less than a month ago and the car failed inspection due to check engine light. The inspector scaned and told me it was catalytic converter problem and evaporative emission system problem. I took my car to a Toyota dealer and got my catalytic converter replaced. It cost $200 for just checking the problem (they had to rescanned the code, they didn't trust the inspector), but the catalytic converter were replace for free since it was still under toyota warranty. They told me the evaporative emission would cost around $700 to fix but I didn't want to do it cuz it wasn't under warranty. So the check engine light is still on now. However thats not the real problem. The real problem is that they told me the engine seemed to be replaced. So when i took my car back I inspect it myself for the VIN # and found out that there was some part of the engine cut off. The part cut off is where the VIN # is, so I can't confirm if it is the original or not, but why did they cut it off if not for preventing buyer from knowing the eginine having different VIN #?

Am I protected by any law? Can I sue them or at least get my money back? It already cost me some money to fix the car and now the engine is not even the original one.

Thanks for reading. Any advice would be appreciated.

[Akfahad]

you could try contacting your local police and see if the car was stolen prior to you buying it. that is weird tho that after replacing the engine, they would strip the VIN. u could also check out your DMV. if that checks out ok, as long as there isn't anything mechanically wrong with the car, the engine that is, don't worry too much that the engine was replaced. i'm sure there was a reason why it was replaced....engine swaps are done all the time.

[step02]

Why did you pay the $200 "diagnostic" fee if the repair was covered under warranty? That's not really covered under warranty then...

[ECale3]

Sue them for what?

[ebumdude]

carfax.com man, carfax.com

Good Luck.

[desentrix]

lemon law?

If whoever sold you the car knowing that it was in bad shape and deceivingly sold you the car... not to mention that the VIN was stripped. I suggest you look into the law, since it varies state to state.

[Gadgetjq]

An engine change or at least the situation leading to it should have shown up on a Carfax report. If it was replaced by a dealer it'll also show up in Toyota's national database (your shop can access that and print it for you.

As another forum member has indicated New York law may be different than other states so check to see if there was any requirement for the dealer to disclose the transplant. Some states require some due diligence on the consumers part (demand the carfax report) while others might not.

If it had been a private party sale you'd have been SOL (caveat emptor) but rules are usually more strict in the consumers favor when a dealer purchase is involved.

Another thought. Many (maybe most) Toyota dealers will only sell "Certified Used Cars" which means they've gone through a 160 point check. That should have turned up any problem with the smog control system. Even if not there's a total vehicle warranty (90 days I think) covering you for any problem.

Cheers

[conchaivn]

thanks guys for the replies.
like i said, i bouth my car from a used car dealer, not toyota dealer. Also, i openned a 30 day unlimited account with carfax to check before i bought the car, and the report i got shown everything clean. The car was lease and then sold at a junction before this dealer bought it about 8, 9 months ago. This dealer told me that after that the car had been in the lot, and that they did not fix anything except changing oil, tires, check brake,..

The toyota dealer service guy told me the engine has been swap by another 2002 solara engine.
My local mechanics also told me the engine looked like had been swap, but he said it shouldn't be a problem, and was even better since they put new plug. The hood also seems to have a slightly different paint ( a bit darker), but same VIN # with the rest of the car. So he said the car prob had an accident but wasn't shown on carfax. Thats why they had to repaint the hood and swap the engine. And he said this might be done even before the car was sold to the dealer.

So far the car has been running alright although sometimes i felt that the car wasn't strong for a V6 engine. I hope it will keep running well for at least 2,3 years. That will be all i need then i can buy a new car.
Anyway thanks again guys. have a nice weekend everybody!