Does anyone know this car that I got screwed on??
- Thread starter jameser
- Start date
nitrouspete
Forum Member
plus he signed an as is sale...whats done is done. no courts gonna take his side.
greatwhiteLSC
Forum Member
I know exactly how you feel! I was completely screwed over buying a motor and trans that ended up just like this. Nothing as advertised and everything inside junk. $4500 down the drain. It was a member on here too! I agree with the above posts. Gather all of the information he provided you with and speak with a attorney. Wish I did, but everything was verbal. Try to get anything. It makes me sick every time I walk into my garage. It makes you lose interest in your project fast. Never trust, or take anyone's word for anything. From then on if something isn't 100% confirmed I walk away if the seller won't provide proof. Life is all about lessons. Good luck!
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4Gas$
Club Member
An “as is” clause in a contract dose not trump / safeguard
a seller & enable him to misrepresent or commit fraud.
The only trick is to have some kind of proof / evidence.
I would write down everything that was said (while it
is fresh in my mind) and print out all the ads & paperwork
I have / can get.
Never tell someone you’re going to “sue them”. Simply
do it. When they are served the court papers, many times
They “make things right” before their court date.
You do need to “mitigate your damages”, this means
You need to be able to show the judge you tried to work
this problem out before you came to court.
Sir don’t get mad & pissed off about this, get it right,
get justice and get even!
LT1Pat
Well-known member
Huh??? If the seller advertises a set of specific features that aren't true then no "AS-IS" clause will protect him in court. The OP has a solid small claims case.
LT1Pat
Well-known member
100% true, craigslist has morphed the meaning of "AS-IS" almost like it's a gotcha/legal term. AS-IS means prevents the seller against warranty, NOT misrepresentation!!!
MarkVIII93
Forum Member
Good thing I know my car top to bottom and have receipts for everything down to the wheel studs
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nitrouspete
Forum Member
ohh, well i guess i learned somthing today. but i'm very clear on whats known and whats not 100% sure when i sell somthing...so i've never had this issue. from a sellers stand point. as far as buyers, i always check things over very good before i buy. if it seems fishy, i walk away.
nitrouspete
Forum Member
thanks for the law lesson guys
AutoEuphoria
Captain Slow
Yeah, "as-is" just protects the seller from future liability. This includes issues that the seller is not aware of. However, if it was blatantly misrepresented, you don't get to hide behind that "as-is" agreement.
For example, I sold a car to a guy once who came back to me 6 months later telling me the transmission broke and I owed him a new one, or should at least help him with the cost. I told him that he signed a bill of sale that specifically said it was "as-is" with "no warranty, expressed or implied". That is the true reason for as-is sale.
If, however, I said that I was the only owner and it had never been in an accident...never raced or anything, then he finds out it was totaled at one point and finds a bunch of YouTube videos of me beating the shit out of it, I've misrepresented what I was selling and he would have a legitimate legal claim because I out and out lied about what I was selling, which is fraud.
For example, I sold a car to a guy once who came back to me 6 months later telling me the transmission broke and I owed him a new one, or should at least help him with the cost. I told him that he signed a bill of sale that specifically said it was "as-is" with "no warranty, expressed or implied". That is the true reason for as-is sale.
If, however, I said that I was the only owner and it had never been in an accident...never raced or anything, then he finds out it was totaled at one point and finds a bunch of YouTube videos of me beating the shit out of it, I've misrepresented what I was selling and he would have a legitimate legal claim because I out and out lied about what I was selling, which is fraud.
nitrouspete
Forum Member
ahh. i understand the line.
LT1Pat
Well-known member
If you're not sure about something when you sell it then it's better not to say anything at all.
Representing something (even if you're fairly certain) and it turns out to be false holds you legally liable to reverse the transaction or make it right.
An "AS-IS" situation would only apply is jameser drove the car home and it blew up, broke down, caught fire, etc. He would have no legal claim related to the warranty of the vehicle.
Representing something (even if you're fairly certain) and it turns out to be false holds you legally liable to reverse the transaction or make it right.
An "AS-IS" situation would only apply is jameser drove the car home and it blew up, broke down, caught fire, etc. He would have no legal claim related to the warranty of the vehicle.
LT1Pat
Well-known member
Here's a situation that actually happened:
Seller was getting rid of a motorcycle and offered the bike as-is. The bike had a bad syncro shifting from one of the gears to the next but was never disclosed by the seller and was even represented as "great condition, runs perfect". The buyer tried to return it but the seller said that he sold it as-is. The buyer (thinking he's screwed) brings it to the local motorcycle shop for an estimate of how much it would cost to repair the transmission. The shop says they already quoted the previous owner for the new syncro. The buyer files a small claims against the seller with this new evidence that the seller already knew, and quoted the cost of repairs. The seller loses the case and has to pay for the repairs and/or the purchase price.
Seller was getting rid of a motorcycle and offered the bike as-is. The bike had a bad syncro shifting from one of the gears to the next but was never disclosed by the seller and was even represented as "great condition, runs perfect". The buyer tried to return it but the seller said that he sold it as-is. The buyer (thinking he's screwed) brings it to the local motorcycle shop for an estimate of how much it would cost to repair the transmission. The shop says they already quoted the previous owner for the new syncro. The buyer files a small claims against the seller with this new evidence that the seller already knew, and quoted the cost of repairs. The seller loses the case and has to pay for the repairs and/or the purchase price.
Tin
Club Member
That's right where the problem lies. Many sellers think "as-is" protects them from recourse, and many buyers think they're out money and perceive the misrepresentations as admissible because they signed the dotted line.
dante1120
Forum Member
yours is just as good if not better????
