Complaints

• Initial Complaint

  07/10/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I recently purchased a 2014 ****** Tacoma truck from D&M Motors for $21,273. Prior to purchase, *********************************** at D&M sent me the carfax vehicle history report, showing the truck had been totaled in a collision from the front left in January, then purchased at auction by D&M. **** said D&M installed a bumper and lift kit on the truck and it was road ready. On June 10th, I took the truck for a pre-purchase inspection at Comfort *********** Repair. Driving over, I heard a grinding, popping noise from the front left going over bumps or when the steering wheel was turned fully left or right. The inspector also noticed this noise and pointed out possible damage to the front left lower control arm and bushing. I asked **** about the grinding noise and possible damage. He said there was no damage. I signed a buyer's order for the truck and paid $3,000 as a down payment.I returned to ******** on June 18th and finalized purchase of the truck by cashier's check. In addition to dirty filters and fluids, East Amazon Auto Repair in ****** pointed out frame and control arm damage and recommended a body shop, so I took the truck to J&K Auto Repair in ***********. J&K recommended replacing the damaged frame, then replacing the control arms. I have quotes for $1,000 for a replacement frame, then $7,000 to swap in that frame, then $1689 to replace the control arms, then $2812 for routine maintenance. This totals $12,501 to restore the truck to a safe operable condition. **** said D&M would not reimburse me for the repair cost.The ************************* Warranty Act states that there is an implied warranty between the seller and buyer of a used vehicle that the vehicle be fit for the use for which it is sold. Since D&M Motors sold me a damaged unsafe truck without my knowledge, they are in breach of the implied warranty and violating federal law. If I were injured in an accident in this truck due to the damaged frame and control arm, D&M Motors would be liable for damages.

  Business response

  07/22/2024

  We have read and reviewed the enclosed complaint regarding our business. After conducting a thorough investigation, here are our findings and our position on this matter.
  
  The buyer, *******************************, had ample time to get the truck inspected by a shop of his choice. He chose his trusted Comfort Auto & Body Repair Shop for the inspection. After the inspection, he was very satisfied with the results. There were a few minor issues that bothered him, which we agreed to fix before he purchased the truck. Please note that the truck was sold for $18,900, not $21,273. The four items requested to be fixed to the customer's satisfaction before the purchase were:
  
  1) Repair the keyless lock system.
  2) Fix the hood rattle.
  3) Install a new windshield.
  4) Install new rear brakes and drums.
  
  As noted by *******************************, this truck was sold "as is, where is." According to his chosen inspection shop, the truck was in excellent condition at the time of inspection. Therefore, we do not agree that we owe anything to *******************************. Please review all the paperwork signed by the customer and understand that we informed him of the truck's damage history and that we are not responsible for any issues that may occur in the future.
  
  Please review and ensure the information is correct. We are not aware of any ***************************. The person we sold this truck to is ***** *********************************. Please make sure this is corrected.

  Customer response

  07/24/2024

   
  Complaint: 21966973
  
  I am rejecting this response because:

  Facts:

  1) To me and the inspector at Comfort Auto and Body Repair, the truck's frame appeared straight, not bent on Monday June 10th.
  
  2) 21 days later on July 1st, the photos included with this complaint from the inspection at East Amazon Auto Repair (EAAR) show that the truck's frame was bent in several spots, damaged beyond repair and requiring replacement according to EAAR and J&K Auto Repair (JKAR), where I next took the truck for a frame replacement.
  
  3) According to the mechanics at both EAAR and JKAR, if they try to bend the frame back to straight at each of the many bent spots, the frame will just bend back out of true in a matter of days or weeks due to normal driving. The truck will lose its alignment and eat up tires, steering and suspension components due to the bent frame. Straightening this destroyed frame is not an adequate repair since it will quickly bend back again.
   
  4) The truck was not damaged between June 18th, when I took possession, and July 1st, when EAAR inspected the truck. I drove the truck cautiously, concerned about the grinding metallic noise from the front left.
  
  Conclusions:
  
  1) After purchasing the totaled truck at an insurance auction, D&M Motors must have bent the frame back to straight at the several spots where it was bent or buckled in the collision. Otherwise, the frame would not have been straight when I had the truck inspected on June 10th.
  
  2) D&M Motors knows that straightening this destroyed frame is not an adequate repair, since they are a licensed, SAE certified repair shop like EAAR and JKAR.  D&M Motors intentionally hid the frame damage by temporarily straightening the frame, knowing full well that the frame would bend back again in a matter of days or weeks once they sold the truck.
  
  4) D&M Motors did not tell me that they had temporarily straightened the truck's frame. They claim that they sold me the truck in excellent condition. This claim is clearly false, since the July 1st pictures from the inspection at EAAR show severe bending damage at several points on the frame and the truck was not damaged between June 18th and July 1st.
  
  5) D&M Motors committed criminal fraud by temporarily straightening the frame to hide the damage, then selling me the truck without disclosing their knowledge that the frame was destroyed.
  
  6) Per Oregon law and US federal law, D&M Motors are in breach of the implied warranty that the truck they sold me was fit for driving, the truck's intended purpose. They sold me the truck in a damaged, unsafe condition with a destroyed frame, unfit for driving. In perpetrating this fraudulent sale, D&M Motors violated state and federal laws.
  
  7) D&M Motors are responsible for the full cost to repair the truck, including replacement of the frame and all 4 control arms. This is the repair JKAR recommended to me.
  
  Please refer to Oregon Revised Statute *******, ******* and ******* on implied warranties at the website, *******************************************************; Please also refer to the *** *************************** Warranty Act (1975) at the website, *******************. In summary, both Oregon law and US federal law require an implied warranty on each product sold that the product be fit for the purpose for which it is sold.
  
  Links to reviews with complaints against D&M Motors for vehicles requiring immediate repairs after purchase:
  *****************************************
  *****************************************
  
  Also, there was a complaint filed against D&M Motors LLC with the Oregon Department of Justice in January 2020 for failure to disclose prior damage or other material defect, reference #FF0095-20.
  *******************************************
  
  Respectfully,
  ***************************

  Customer response

  08/21/2024

  You requested confirmation of my statement that D&M Motors must have straightened the truck's frame. Please see the attached PDF of an email from Comfort Auto & Body Repair (CABR) to me. The email says that CABR found only rear brake wear and possible damage to the left front strut, making no mention of any bending or buckling of the frame. On June 10th, **** at CABR put the truck on a lift rack in their shop and performed a 27 point pre-purchase inspection. **** and I looked at the frame and underside of the truck on the lift rack. The frame was straight at that time, else **** would have called out frame bending or buckling in his inspection report. Sincerely,

  ***************************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩