My question involves a consumer law issue in the State of: Colorado
Hello all. New to the forum and hope to get some good advice on this issue.
In late December we bought a Certified Used 2013 Toyota Highlander Limited with only 5037 miles. A beautiful vehicle that was truly almost brand new. We noticed the CarFax had the mileage listed at 10500K on the last service. We brought this to the Dealer's attention and wanted this fixed because we knew this could cause issues down the road. They promised to contact CarFax and straighten this out. Time goes by and the dealership has issues getting us our Tags for the car...then we have issues trying to extend the temporary tags yesterday.
The Manager from the dealership called yesterday and said that they need to buy the car back. The DMV has issues with the car because of the mileage discrepancy and the dealership cannot sell the car as Certified, plus tons of other issues. They want to give all the money back and the one payment that we made on the car. They are also willing to sell us a 2013 Highlander Hybrid Limited that they just received (27500K miles) for the same price as what we paid. That would basically be a discount on the vehicle of around 3 to 4 thousand dollars.
We are frustrated in the whole matter as we told them up front that this mileage discrepancy could cause some big issues but were assured this would not be a big deal and had assurance that we could buy the car in good faith. What recourse do we have in this issue? I do not want to buy the Hybrid they are trying to give us a deal on...it has 20K more miles. We basically had a brand new car for a good price. I know the dealership needs to make us "whole"...but what is "whole"? My wife and I both took time off from work to deal with the DMV at separate times, plus dealing with the frustration of trying to find a vehicle we liked. I do not want to take advantage of the dealership, but I also want to be treated fairly for all the trouble we are experiencing. Is it fair to demand a car "equal" to what we had...whether they bite the bullet and give us a newer car? I just don't feel that getting our money back is enough. I have a feeling the dealership is worried about getting into trouble over this whole thing. They are trying to quickly get this resolved.
Your advice is greatly appreciated. Thank you!