I Need Your Help
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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
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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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integra_gsr98;225978 wrote:
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
yes it is, in the IMPLIED contract. which is what we agreed upon.
sorry im not a pushover like you
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and i wouldnt be as concerned if it were just the clutch. but the fact that its leading to other damaged to car, a miss representation of such items follows under fraud.
i cant take the car in, remove the transmission, and see if the clutch was in fact replaced prior to purchasing it.
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There is no IMPLIED contract. You signed a bill of sale stating AS IS and that is all there is to it. Walk into any court and a judge is going to ask for written documentation. At which time you will provide a bill of sale stating the car was sold AS IS and that will be the end of it.
Just because you thought you were getting some parts doesn't mean you have any ground to stand on, period. If you don't have it IN WRITING you don't have shit. I don't see how you don't grasp this concept.
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Like everybody else said, you purchased the car as-is. If the seller claims to have installed xyz part then it is up to you to ask them to provide a receipt or proof of xyz part. There is nothing you can do. I am still trying to figure out how the lemon law comes into play with a used car sale like this.
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MisterCMK;225987 wrote:
Like everybody else said, you purchased the car as-is. If the seller claims to have installed xyz part then it is up to you to ask them to provide a receipt or proof of xyz part. There is nothing you can do. I am still trying to figure out how the lemon law comes into play with a used car sale like this.i wouldnt follow under lemon.
but as i keep reading i still find that the "as-is" with implied to the condition of the car as he stated.
and as i have I KNOW ITS NOT IN WRITING. i am working on getting it taken care of. what i dont appreciate is peoples negative attitude towards my question. i asked for help, not a bitch fest.
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no_slow_clap;225990 wrote:
i wouldnt follow under lemon.but as i keep reading i still find that the "as-is" with implied to the condition of the car as he stated.
and as i have I KNOW ITS NOT IN WRITING. i am working on getting it taken care of. what i dont appreciate is peoples negative attitude towards my question. i asked for help, not a bitch fest.
Seriously, there's nothing you really can do about it. Negative comments or not, this is the truth. If you go to court, you have the burden of proving it (IN WRITING) and without that your not going to get squat. I have a real hard time believing that you'll get him to admit, state in person, or sign anything that states the car you purchased had all the parts he lied to you about. You simply did not cover your own ass here and get some written proof of whats been done to the car. You're willingness to just "trust" someone in what they tell you is your own undoing. He laughed all the way to the bank on this one. It should be a valuable lesson learned. Don't get all butthurt over everyone telling you whats painfully obvious. You asked for help... But you put yourself into a position that noone can help you.
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To all the know it all's....
"As is" contracts, when fully disclosed prior to sale, waive all implied and express warranties on a vehicle. That means a seller is not responsible for the service and repair of a vehicle validly sold "as is."
The caveat to an "as is" contract is that it can become invalid if there has been some misrepresentation. But in the absence of fraud, or a misrepresentation, the contract is valid.
So basically until you get evidence of misrepresentation such as a phone conversation or in person, your probably going to lose...
Source: Toni-Diane Donnet is a California consumer lawyer specializing in automotive litigation, such as the Lemon Law and other auto-related legal issues.
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