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Lawsuit Help ( long )

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Old 08-01-2005, 05:30 PM
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Lawsuit Help ( long )

Some of u might know that for the past 5 months ive been fixing up this 2003 G35 Coupe. I bought it with a salvage title from a place called Robbins Repairables, in Henrietta North Carolina. When visiting the place for the first time, to look at the G, i asked more questions than a 3rd grader at the zoo. For one simple reason, if i was going to spend 10 grand on something like this, i wanted to make sure it was everything they said it was. I asked them specifically 4 times if there was any frame, motor, or tranny damage, same answer everytime. No. So for the past 3-4 months ive been ordering parts slowly after paychecks and putting her back together. Once i take her to the body shop ( which is a family owned business, very good friends with my family ) to get the pannels lined up and painted, they come to find out that the frame is bent so bad that if they even tried to pull it, it would break. Now i was told directly no frame damage. The story about the wreck i was told before i bought the car was that the guy ran into a pole, airbags deployed, total loss. What the body shop now is getting from the pictures and condition of the car now, is that she slide off the road and landed face first into a ditch. That explains the torn up undercarriage, clay under the car, and U shaped frame. The only way the body shop will fix it, is if they or i can find a front frame clip, which would include the frame, sheet metal, and pretty much every single part ive already bought. After all is said and done with this salvaged car i will have put atleast 25 grand into it, and as most of u kno, i could find a very nice used one for that. So my question for u is, can i take these guys to court? Can something be done? Becuase the way i see it, if i were to fix all of this myself at my house or my shop, being told there was no frame damage, and i got into a wreck down the road and was hurt, that would be their responsibility for not telling me the frame was outta whack or telling me it wasnt bent. I was lied too about something that could be life treatening, and was also dicked outta alot of money, because if i knew what i know now, i wouldnt have even driven 3 hours to go look at it. Please help. Thanks
Old 08-01-2005, 05:38 PM
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Did you buy in as-is condition? How can you prove they told you 'no frame damage?' Is it in writing?

If it were me facing what you were facing, I'd part the car out and get my money out of it, then start shopping.

I hate to say it, but in this world it's let the buyer beware. They can tell you whatever they want - if it isn't in writing you're gonna have a hard time winning anything.

My .02
Old 08-01-2005, 05:46 PM
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unless you have it in writing theres not much you can do.
Old 08-01-2005, 05:58 PM
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Never buy salavge unless it is used to part OUT parts, but you already did....I don't know what to tell you...but I hope its not a $10,000 lesson, cause that would suck.
Old 08-01-2005, 07:44 PM
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Quote:
Originally Posted by GeeWillikers
Did you buy in as-is condition? How can you prove they told you 'no frame damage?' Is it in writing?
Those are the key questions. Used cars, especially damaged ones, are typically sold 'as-is' with no warranties unlesss they're in writing. Even if there was a 3rd party who heard the allegation, it's still a 'he said this, no he said that' situation.
Old 08-01-2005, 07:51 PM
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what gee said.

even if you could prove they told you it had no frame damage, you may not have much of a claim against the selling party. I think that in most states a seller, even a dealership does not have to disclose damage or details that a car has been wrecked (other than the title).

In this case you knowingly purchased a wrecked car with a salvage title. Obviously the car was salvaged for a reason. I think if you took them to small claims their position would be, "but you knew the car had a salvage title when you bought it.....we did not think it had frame damage, and even if we had known, we are not required by law to disclose that."

Just curious, if you were concerned about frame damage and knew body shop people why didn't you have them inspect it before you bought the car?

You should part it out to recoup your money....then find yourself a nice used 1-owner. Be sure to get it inspected before you buy it!

Last edited by redwillow; 08-01-2005 at 07:56 PM.
Old 08-01-2005, 08:52 PM
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In most states, you have no case unless it you receive a representation about the condition of the car or it background in writing. Oral representations, even if wrong, are not enforcable in connection with the sale of a car.
Old 08-01-2005, 09:16 PM
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Buyer Beware!!!!!!!

You have no legal recourse whatsoever, unless it is stated CLEARLY in writing on the bill of sale the frame was not bent.

On the other hand, what possessed you to buy a wrecked car and buying all the parts to fix and mod it before even having a mechanic look at it?
Old 08-01-2005, 09:18 PM
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if the title says salvage on it, you're out of luck. Most all salvage cars are sold "as-is". You bought a 2003 car that is usually worth 24k-26k, for 10k. Bite the bullet, spend the money to repair it correctly, or sell it as-is to someone else.

I wouldn't expect you to get your money back. If you bought it from a dealer, I'm sure there is somewhere on the contract that says as-is if salvage. If it's a private party then it's always as-is. The only way you would have a case is if you bought the car from the dealer and he told you the car wasn't salvage, and the title had been washed. Otherwise, like stated above, it's a 10k dollar lesson.

You get what you pay for, and if it's too good to be true... then it probably is.

BTW: This is infromation from California, you may want to check your law books for info.

Hooman
Old 08-02-2005, 03:58 AM
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Quote:
Originally Posted by Chico
Buyer Beware!!!!!!!

You have no legal recourse whatsoever, unless it is stated CLEARLY in writing on the bill of sale the frame was not bent.

On the other hand, what possessed you to buy a wrecked car and buying all the parts to fix and mod it before even having a mechanic look at it?
The place i got it from repairs cars!!!!!! They have an actual shop ON SITE! They told me that it was inspected and everything was good to go. Im not dumb when it comes to this stuff, i asked the proper questions and i thought this out very well and everything was what i wanted. If they would have been HONEST with me and not made up half of this stuff, i wouldnt even had wasted my time.
Old 08-02-2005, 11:36 AM
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Quote:
Originally Posted by RPMZ
The place i got it from repairs cars!!!!!! They have an actual shop ON SITE! They told me that it was inspected and everything was good to go. Im not dumb when it comes to this stuff, i asked the proper questions and i thought this out very well and everything was what i wanted. If they would have been HONEST with me and not made up half of this stuff, i wouldnt even had wasted my time.
When it comes to things like this, you have to have your OWN mechanic inspect the car. Their mechanic's inspection and comments means nothing 'cause they don't work for you but them.

I would get a lawyer and send the seller a letter demanding refund and state your reasons. You might get lucky and scare him enough he will agree to refund the money. But if he's a hard a$$ and has done this before, he will know you don't have a leg to stand on and ignore you.

Whatever happens, I wish you good luck.
Old 08-02-2005, 12:17 PM
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Quote:
Originally Posted by Chico
When it comes to things like this, you have to have your OWN mechanic inspect the car. Their mechanic's inspection and comments means nothing 'cause they don't work for you but them.
I completly agree with this.

You are in a tough spot...if this was to go to court, do you have any proof at all that they said "there is no frame damage"?? If it's just their word against yours...then it's going to be tough.

You could gather prices of salvage title G35's, and show the difference in prices between ones with frame damage and ones without. You could at least show you paid for a car without frame damage, and that you are fully aware of the market etc.

But it still might come down to no proof...when it's your word against theirs you just have to work all the other angles.

I wish you the best of luck! (oh and maybe you should buy a "go sox" plate to change your luck )
Old 08-02-2005, 12:17 PM
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Said before, I'll say it too.

Caveat Emptor!
Old 08-02-2005, 12:30 PM
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Quote:
Originally Posted by RPMZ
Some of u might know that for the past 5 months ive been fixing up this 2003 G35 Coupe. I bought it with a salvage title from a place called Robbins Repairables, in Henrietta North Carolina. When visiting the place for the first time, to look at the G, i asked more questions than a 3rd grader at the zoo. For one simple reason, if i was going to spend 10 grand on something like this, i wanted to make sure it was everything they said it was. I asked them specifically 4 times if there was any frame, motor, or tranny damage, same answer everytime. No. So for the past 3-4 months ive been ordering parts slowly after paychecks and putting her back together. Once i take her to the body shop ( which is a family owned business, very good friends with my family ) to get the pannels lined up and painted, they come to find out that the frame is bent so bad that if they even tried to pull it, it would break. Now i was told directly no frame damage. The story about the wreck i was told before i bought the car was that the guy ran into a pole, airbags deployed, total loss. What the body shop now is getting from the pictures and condition of the car now, is that she slide off the road and landed face first into a ditch. That explains the torn up undercarriage, clay under the car, and U shaped frame. The only way the body shop will fix it, is if they or i can find a front frame clip, which would include the frame, sheet metal, and pretty much every single part ive already bought. After all is said and done with this salvaged car i will have put atleast 25 grand into it, and as most of u kno, i could find a very nice used one for that. So my question for u is, can i take these guys to court? Can something be done? Becuase the way i see it, if i were to fix all of this myself at my house or my shop, being told there was no frame damage, and i got into a wreck down the road and was hurt, that would be their responsibility for not telling me the frame was outta whack or telling me it wasnt bent. I was lied too about something that could be life treatening, and was also dicked outta alot of money, because if i knew what i know now, i wouldnt have even driven 3 hours to go look at it. Please help. Thanks
I think you are pretty much stuck with it. Taking legal action will cost you even more money. If I were you I would just part the car out. in the end you might actually MAKE money off it. BTW, if it has intact headlight housings I would be interested in buying it off you

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2003, case, caveat, comments, coupe, damage, dealer, disclose, frame, g35, henrietta, lawsuit, nc, repairables, robbins, sold
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