I Need Your Help
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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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weshole;225992 wrote:
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.Wrong....
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integra_gsr98;225984 wrote:
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.
wrong...
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SmitEvo;225994 wrote:
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.
THANK YOU, finally some usefull appreciated info.
i havent talked to him yet becasue i was outraged at the situation so i wanted to take some time and collect my thoughts before confronting the seller.
what my plan is, is to call him and simply as, i was just wonding if i could get the record of the clutch replacment, and all the service records that he had suposedly done to it, so i have it on file.
Jim;226001 wrote:
Unless you can do all the work yourself without a lawyer, you're better off just eatting the cost of a new clutch then going through the huge hassle of trying to get money from him.and like i said i would be so much concerned if it was JUST the clutch. but because of the lack of service it has taken its toll on my transmission, and transfer case. costing me well over what i should have to pay. if i get any compensation then cool, if i dont then yea..lesson learned. i just want the get the truth from him.
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Whether or not it was implied, you will lose in court unless you can prove that he misrepresented it. End of story.
Your only real chance would be to call him and record the conversation and ask him what all mods were done to the car when you purchased it from him, i would suggest telling him that you want a mods list for shows or something. Check on your laws for recording conversations though, most states only require 1 person involved to know about the recording without a court order i believe.
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yea call him for a "mod list" or tell him your buddies dont believe its an aftermarket clutch and you cant remember the brand or some bullshit
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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SmitEvo;225994 wrote:
So basically until you get evidence of misrepresentation such as a phone conversation or in person, your probably going to lose...weshole;225992 wrote:
If you go to court, you have the burden of proving it (IN WRITING) and without that your not going to get squat.Pretty much sums up what I said huh (except the phone conversation) I still firmly belive he's up shits creek. We will see what happens if and when he goes to court.
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weshole;226009 wrote:
Pretty much sums up what I said huh (except the phone conversation) I still firmly belive he's up shits creek. We will see what happens if and when he goes to court.Voice recordings would not be in WRITING chief....if he can get him to slip up and state that he misrepresented, he has an easy case. Small claims court is not that complicated. Also, your first sentence said there is nothing he could really do about it. Well that is false...sucka.
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Me being a car dealer.....
First of all the guy lied.Obviously he is a shady dealer.
We see crazy things happen all the time a perfect example is on last thursday I sold a Ford Fusion it ran perfect,He signed an AS-IS sticker.
On Monday he came back and it ran like crap so like any good dealer I had it fixed.It cost me $145.00 but the customer was very pleased and said he will send everybody he knows here for us helping out when in therory I did not have to do anything.I explain that as-is sticker as YOU ARE BUYING THE CAR AS-IS no warranty at all but in certain situations I will always take care of the customer.If you want a successful business around here that is what you have to do. -
could you find a screen shot of the thread it was for sale in? with the mods list?
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;226021 wrote:
You know, not to rain on your parade or anything, but maybe he got screwed? Maybe he took it somewhere to get one(and didnt) or HE bought it assuming the same thing you did...+1
I am curious to see what he has to say when you address him of this problem.
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