I Need Your Help
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whats lemon law there?
here a psht, there psht, everywhere a psht psht
PVC SQUAD MEMBER #2- 95 CIVIC EX- DD 320whp on a mustang dyno
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ive been doing som research.
Fraud, in addition to being a criminal act, is also a type of civil law violation known as a tort. A tort is a civil wrong for which the law provides a <u>remedy</u>. A civil fraud typically involves the act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to that person's detriment. A "false representation" can take many forms, such as:
A false statement of fact, known to be false at the time it was made;
A statement of fact with no reasonable basis to make that statement;
A promise of future performance made with an intent, at the time the promise was made, not to perform as promised;
A statement of opinion based on a false statement of fact;
A statement of opinion that the maker knows to be false; or
An expression of opinion that is false, made by one claiming or implying to have special knowledge of the subject matter of the opinion. "Special knowledge" in this case means knowledge or information superior to that possessed by the other party, and to which the other party did not have equal access.so i think im going in the right direction.
since i bought the car based on statement that he replaced the clutch. (which constitutes fraud) i shall be entitled to damages.
Im going to call him tomorrow at work. put him on speaker and ask him. ill get it out of him.
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Were the statements he made about the clutch, regular maintenance, ect, ect, written, or verbal???? If they were written than it would be MUCH easier to take legal action. If they were verbal then that makes things much more complicated, cause then it becomes you word against his. Either way, i wish you luck on getting some kind of resolution from the F@#$head.
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you found it on a forum??
here a psht, there psht, everywhere a psht psht
PVC SQUAD MEMBER #2- 95 CIVIC EX- DD 320whp on a mustang dyno
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PSiedTSi;225875 wrote:
Take a screen shot of the thread if there is one, or mirror the site so he cant take it down.it was said oraly. but the phones we have at work have a recorder in them for DoD purposes. all i gotta do is call and press the little red button and it record if its on speaker. plus my boss is very knowlegeable (sp) in VA law so he will know what to do. but there is deffinatly ways to get info.
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Hey, Ya gotta start the modding somewhere!
granted, its not the way you wanted to start. Im sorry to say, unless you have it in writing, it is probably not worth while pursuing, by the time you get done taking the looser to court, you will have so much money in attorney and court costs you would have finished fixing/modding your car. as for recording, be very carefull with that, cause there might be a catch to that, especially if the other guy didnt know he was being recorded, it may even be illegal. -
KA-T_240;225930 wrote:
You are pretty much screwed. Unless you can find something wierd in the law. But what can you do? Attempt to give him the evo back in pieces?no. where did you get that idea??
did u read what i posted about fraud and tort law??
Fraud, in addition to being a criminal act, is also a type of civil law violation known as a tort. A tort is a civil wrong for which the law provides a <u>remedy</u>. **A civil fraud typically involves the act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to that person's detriment. A "false representation" can take many forms, such as:
A false statement of fact, known to be false at the time it was made;
A statement of fact with no reasonable basis to make that statement;
A promise of future performance made with an intent, at the time the promise was made, not to perform as promised;
A statement of opinion based on a false statement of fact;
A statement of opinion that the maker knows to be false; or
An expression of opinion that is false, made by one claiming or implying to have special knowledge of the subject matter of the opinion. "Special knowledge" in this case means knowledge or information superior to that possessed by the other party, and to which the other party did not have equal access. **his statement that the clutch has be replace was false, which was the statment i based my decision on.
so i wouldnt be giving the car back to him, but recieving damages.
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He may have told you all that to convince you to buy it, but since it isn't in writing he can just deny he said any of it. The way I see it, their is nothing you can do without wasting time and money on a lawyer. Did you call him and tell him what you found?
I have had this happen before and was stuck with it. I have seen dealers do it to people. Thats just how people are these days.
Mike
Boys and Their Toys Auto
From general automotive maintence to major service work. You name it and I'll see what I can do. Engine swaps, rebuilding, suspension, brake upgrades, etc...Current Toys: 1987 Fiero GT, 1989 Turbo Trans AM, 2003 Lancer, 1994 Civic Lx
Phone: 701-371-5615
E-mail: [email protected]Please click image to see my website.
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Your bill of sale says "as-is". End of story, close the thread, you are fucked, have a nice day.
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I am sure you babied the car since you had it too. I mean its only a clutch so if thats the problem then bam, replace it and its fixed. Its not that big of a deal. He may have lied about the clutch but eventually you would have replaced it anyways. But if there are other issues with the car then I am on your side. But I dont know if there is much you can do about it. I dont think this falls under lemon law.
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integra_gsr98;225958 wrote:
Your bill of sale says "as-is". End of story, close the thread, you are fucked, have a nice day.fraud is breach of contract. that means the "as-is" statement goes out the door.
as-is only applied in the condition of the car WITH the new clutch.
Rexwagon;225966 wrote:
I am sure you babied the car since you had it too. I mean its only a clutch so if thats the problem then bam, replace it and its fixed. Its not that big of a deal. He may have lied about the clutch but eventually you would have replaced it anyways. But if there are other issues with the car then I am on your side. But I dont know if there is much you can do about it. I dont think this falls under lemon law.yea its taken its toll on my whole drive train. i havent babied it beyong believe, but im not out slamming gears everywhere i go. i work 5 miles away home. i take the jeep most of the time. and if i go anywherer on the weekends i take my moms explorer cuz the ac kicks ass in it.
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It is NOT fraud unless it was in WRITING ON THE BILL OF SALE stating that the car had all of the parts. The BILL OF SALE is the CONTRACT you agreed to upon purchase of the vehicle. If the bill of sale did not explicitly say something like "The buyer agrees to purchase this 2003 Mitsubishi Lancer Evolution with Exedy Clutch, Upgraded turbo system, and full exhaust." you have zero ground to stand on and are wasting your time.
Put a fucking clutch in it and realize you got fucked.
/thread
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I have to agree with everyone here, unless it is written down, you aren't going to be able to prove it and you will get nowhere. The only thing that is written down and signed is "As-Is" which means the way it was when you got it, no ifs/ands/buts about it.
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