Va Dealer Sold Us An Rusted Out Truck — Now Offering $1,500 To Make It “go Away”

Location: Virginia

We bought a 2002 Toyota Tundra from a licensed Virginia dealer for $12,000 and had it shipped to us out of state. Before we bought it, the dealer told us the truck had been fully inspected (they provided a state inspection form for Virginia, but when we searched the VIN it shows no inspection has been done), was structurally sound, safe to drive long distances, and that the rust it had was “cosmetic only.” Within six miles of driving it after delivery, the check engine light came on. We took it to a licensed shop and were told the rear frame is severely rusted to the point that metal is breaking apart with hand pressure. The shop said it’s unsafe to drive and would need a full frame replacement. This clearly didn’t happen in six miles. We also had told the dealer we’re disabled wheelchair users and couldn’t physically get under the truck ourselves. Now the dealer has sent us a “goodwill” offer for $1,500 — but only if we sign a full legal release saying we’ll never file complaints with the Virginia Motor Vehicle Dealer Board or the Attorney General, won’t sue them, and keep it confidential. I’m trying to understand: – Does an “as-is” sale still protect a dealer if they misrepresent something as serious as a rotted frame? – Is this considered a material safety defect for fraud or deceptive trade practices? – Are we better off pushing this through the VA Dealer Board / AG, or going straight to court? We’re planning to file complaints, but want to make sure we’re not missing something obvious. Thanks for any insight.