40 below question

[bufordtpisser]

I uesd to work for a Notary.......

Again your wrong.I am a car dealer and this is how it works.You could say it has 400 horse.If it doesnt are you entitled to your money back?Absolutly not.Trust me it sux.But this is how these cons work.I have bought cars in several different states and that is how it is.

When I worked in a Notary office a few years back, we were called into a hearing about seller fraud. The gentleman stated to us and signed a document that stated that he never raced the car. When the purchaser of the car found a video posted on an internet site of the guy racing that exact car, the judge ruled in favor of the buyer. It has been a few years since I worked in the Notary office, but I do not believe that consumer laws negate criminal law. You are right that it is the buyer beware, and if you buy a car as is, you are stuck, but I also believe (and only after consulting with an attorney friend) that you do have recourse if you can prove that you have been purposefully defrauded.

If a store sells you something that is not as advertised, even if they have an "ALL SALES FINAL" posting at each and every register, then they have defrauded you. If you sell me a car that you have advertised to me as having 400 Horsepower, and you purposefully defrauded me by selling me a car that is only 200 horsepower, you can be sued by me for fraud. Just because it is a car does not make it any less fraud.

Warranties and disclaimers do not supercede the law.(Also from my lawyer friend)

 

[Dominus]

Very true.

 

[MonsterMark]

It has had the same one and only overheating problem, that has been unable to fix, due to the fact that the part does not exist, and i have been trying to track it down from all over the WORLD.

First of all..... All the flaming going on in this thread is not welcomed on this site and does not reflect well on the rest of us. Let's get back to helping each other out and being 'friends'.

Mr. Wilson, you have mentioned several times about this unavailable part that will cure the overheating. What exactly is it? I have a garage full of parts. Maybe I can help. If you are using coolant, say hello to mister head-gasket.

 

[nobodyspecial]

Again your wrong.I am a car dealer and this is how it works.

This is not how I operate I am only sharing my experience of what happened to me with a dealer non the less.

It is hard for me to infer the exact type of transaction you lost a court case regarding, it could be read from your two posts that you lost a case regarding a transaction from a dealer to you as an individual or as a dealer to dealer. I would still be interested in reading the relevent law if you could look it up in your ruling I would appreciate it. The dealer to dealer laws may be different. Plus, I think you and I are close, but not quite on the same page. I am talking about the intentional decision to without information about a known flaw, ie hiding it, not about a car being sold with a hidden defect when neither seller nor buyer could have had a reasonable reason to suspect a problem. If you buy a car off the lot and the headgasket blows 2 miles down the road without prior warning, then as-is rules, no doubt on that.

Anyway, sorry to take up bandwidth/time, but I am just curious to read the specific statute that addresses this circumstance. Also any specifics that you are comfortable sharing about your case would be a help.

Have a good one, everybody.

 

[MrWilson]

If you advertise a car as only being driven on sundays by a little old lady, a real GEM, best of the best, and then it turns out that the car was raced on every occasion and beat into the ground, you can be held liable. You are not offering a warranty, you are using deceptive practices and commiting fraud. It has absolutely nothing to do with warranties. Sell the car "AS IS" and if the buyer gets out of the drive and throws a rod, you are not liable. I agree with that. But don't advertise it as a "GEM" and describe it as something else, and then believe that you are not liable for the fraud that you have comitted. The best thing that you can do when you sell a car in Pennsylvania, is to have the buyer sign an "AS IS" disclosure statement in front of the notary as well as have them sign the advertisement in front of the notary. Just do not make false statements on either. Simply selling something "AS IS" does not release you from fraudulent claims.

Dude, Shut UP.

First of all..... All the flaming going on in this thread is not welcomed on this site and does not reflect well on the rest of us. Let's get back to helping each other out and being 'friends'.

Mr. Wilson, you have mentioned several times about this unavailable part that will cure the overheating. What exactly is it? I have a garage full of parts. Maybe I can help. If you are using coolant, say hello to mister head-gasket.

I was trying to get a a NEW coolant crossover tube, which there were none left in the world, just ask geno. I worked out a deal with my lincoln dealer whos performing the repair.

I was not using a drop of coolant untill i tried to get that cap off and broke the tube, and it started boiling out of the crack like a kettle. I dont have any bubbles in the coolant, i dont have any smoke, and there are no leaks on the ground or anything running down the block, so im fairly sure its not a headgasket.

 

[Chaoticbastard]

It is hard for me to infer the exact type of transaction you lost a court case regarding, it could be read from your two posts that you lost a case regarding a transaction from a dealer to you as an individual or as a dealer to dealer. I would still be interested in reading the relevent law if you could look it up in your ruling I would appreciate it. The dealer to dealer laws may be different. Plus, I think you and I are close, but not quite on the same page. I am talking about the intentional decision to without information about a known flaw, ie hiding it, not about a car being sold with a hidden defect when neither seller nor buyer could have had a reasonable reason to suspect a problem. If you buy a car off the lot and the headgasket blows 2 miles down the road without prior warning, then as-is rules, no doubt on that.

Anyway, sorry to take up bandwidth/time, but I am just curious to read the specific statute that addresses this circumstance. Also any specifics that you are comfortable sharing about your case would be a help.

Have a good one, everybody.

Yes in that you are correct,I may have misread your earlier or someone slese earlier post.At the time I was not a dealer.I just recently got my lot license.I was sold a car that had no mechanical issue's.Hence the car had a cracked frame.And since it was written on the bill of sale and on the title ASIS.I lost I do not know if I could have pursued it more or not.But if you tell someone the car is road worthy and they drive off and crash because you stick welded the frame.Indeed you are liable.I was talking about the factor that if you buy a car and your told it runs perfect,Then it develops a miss.Thats your problem not the sellers.Sorry for the miscommunication.

 

[MonsterMark]

I was trying to get a a NEW coolant crossover tube,

Heck, just match up the o.d. and make one out of ordinary plumbing parts with a couple of 90 degree elbows and a 'T' tossed in the middle.

 

[scott9050]

I know where there are 3 crossover tubes available right now, all used of course.

 

[MrWilson]

Heck, just match up the o.d. and make one out of ordinary plumbing parts with a couple of 90 degree elbows and a 'T' tossed in the middle.

Now, i dont think that would be favorible to a buyer....

I know where there are 3 crossover tubes available right now, all used of course.

I have a used one, but its the NEW one that is impossible to find.

 

[bufordtpisser]

OK, Mr. Wilson you win

Dude, Shut UP.

This is the most intelligent decision I could have expected from someone who has in his own words spent $12000 to repair a car that is maybe worth $5000. You could have bought a replacement engine for $500-$800 and had your crossover tube. You could have posted here on the board asking for one, and I could have told you where to get one in less than a week. Hell, I could have gone out to my back yard and pulled one off of my parts car. My comments were never intended to be critisism, just to pass along some info to possibly keep someone from having a world of grief down the road.

But you win Mr. Wilson. You proved your point. You have a $12000 Mark VIII that you will be lucky to get $5000 for. You win.

 

[KainDTE]

When a person buys a car from a private seller and the private seller tells the person the car is As-Is and the person signs a paper saying that they are buying the car As-Is they will have no case in any court because once they buy a car As-Is it is there responsibility to find out if anything is wrong before they exchange the money!

So it is written in my rule book and anything that I think should be made into law! yeah I don't know if thats how it works but thats how it should be

 

[Joeychgo]

First of all..... All the flaming going on in this thread is not welcomed on this site and does not reflect well on the rest of us. Let's get back to helping each other out and being 'friends'.

I agree...

That means you all need to temper your tone...