Antlaw

I purchased a vehicle that was a lemon. I'll take responsibility for that. Bought used "as is".... understandable. The problem is that after removing the engine that blew that was "fully built" I'm finding all these things the car was supposed to have but doesn't. For example - Cosworth Heads (it has stock heads), JWT clutch, pp, and flywheel (it has oem nissan clutch) 700bb jwt tt kit (it has the 530bb kit). I could go on and on with the list of parts that aren't in the car. Question is would you attempt to sue? Do you think I have any grounds for it?

joshua350z6841

iTrader: (3)

If it was me I would or go find him I saw the add to the motor is blow that sucks

herrschaft

Talk with a lawyer and see if you have a case. Clearly you've got scammed and I wouldn't wait too long to take action.

Zredman

In all honesty I think you could have a chance if it was written what the car had, so you didnt buy the car that you intended. If its in writing or a picture of the ad or something you can use as proof. But then again it says Monterrey California so I'm pretty sure u can just sue for....anything out there rt?

samsniss350z

Get yourself a lawyer, explain to him the situation and get him to write a letter demanding he either put the vehicle back to stock parts on the road or the route i'd go down is that he fraudulentky sold you the vehicle and he has the choice of giving you a full refund or repair the engine to the spec he advertised it!

Jennifer 2

If you’re just looking for a return of some money for the value of the misrepresented parts, consider small claims court. This is a low cost simple process, as you file on-line and receive the paperwork in minutes complete with a court date. However, you must also serve these legal documents to the defendant. This service is a good thing, as it puts a lot of heft behind your demands and may cause him to agree to an out of court settlement. The limit in small claims court is usually $10,000.

The best way to win this case would be to have a clearly written bill of sale listing all these parts. Failing that, an advertisement you relied on will do. Third best would be one or more credible witnesses. Keep in mind if you lose in small claims court, you can’t appeal or normally take the case before a regular court.

This doesn’t appear to be a simple oversight; it’s more like a case of fraud. If a licensed motor dealer had sold you the car, it would be realistic to have a lawyer sue and ask for a cancellation of the sale and a return of your money. This is practical because you could also ask for your legal fees. Suing a private party is a crapshoot in court and the legal costs would surely exceed the benefits.

I’m only licensed to practice law on the Internet (also medicine etc.) so best to check with a California practitioner.

Jah70

Find him and break his legs

350zchad

iTrader: (1)

did you sign a purchase contract? If not, good luck! Prob a waste of time and chalk it up to a learning experience... ALWAYS have purchase contracts done and signed!

It was dirty of that person and sorry for your loss... Just be sure to fully inspect all parts to verify they are infact on the car.

Devils advocate... he could always say.. we had an agreement to remove those parts or they were on the car when it was sold, maybe he sold them to recoup some money... Good Luck!

bmccann101

iTrader: (16)

as someone who has lawyereed up concerning a car in the last year, i will advise you that most often, the only way you can sue is for the cost to repair.

ie, car was represented to be A, you received B.
Cost to change car from B to A is what can be sued for.

You MUST have proof, contract, or documentation of what was represented as the sales item.. and you need professional documents and pictures stating he differences found by a reputable shop....or its over. Save yourself the hassle. Heresay will do nothing.


edit-- btw i hired a lawyer to assist in some issues i had, ( details i will not go into ) and the total for sending letters over a 3 month period and preparing the case for court ran a few thousand dollars for an atty that ran 400 dollars per hour.

Luckily, I have coverage for that thru my employer and it cost me a 100 dollar retainer which I received most of back in hand when i closed the file.

Antlaw

I'm in the military so I can use the legal office here on base to help me out with getting everything prepared.

Antlaw

Also, I already have an invoice from JWT from getting a turbo rebuilt that states it was a turbo from the 530 kit. I'm also getting a report from IPP stating exactly whats in the engine when I trade it in for my new one. I have tons of documentation to include cell phone texts the original ad from the classifieds.

bmccann101

iTrader: (16)

then you should be fine.
BUt again, youre looking at suing for the cost to replace vs anything else.
Youll be paying to get that work done.. and hoping you can get the guy to pay the judgement if you win.

jv350z

iTrader: (6)

sure

Z33Garage

iTrader: (3)

Waiting for OP to post advertisement he saw on the car....

Syner

Antlaw

Original ad:

https://my350z.com/forum/cars-for-sa...ilside-nj.html

I had to contact a mod to get the original ad before he edited it. Here's the PM from 3hree5ive0ero:

Private Message: re: R
Yesterday, 07:03 PM
3hree5ive0ero
`•.,¸,.•*¯`•.,¸,.*~[;::;‹]ᵒᴥᵒ)›





Trader Score: (90)
Join Date: Dec 2000
Location: Dallas / Chicago
Posts: 1,337,015,968
Points: 27,393, Level: 98

Today's Activity: 24.0%

re: R

--------------------------------------------------------------------------------
Here's his post before he changed it to "Solddddddddddddddddddddd"


Quote:
Originally Posted by RYG388
Up for sale is my 2003 Nissan 350z Carbon Silver with 43,000 miles
VIN# JN1AZ34EX3T021459
Over 60k invested
Fully built and forged internals
Cosworth bearings
Eagle rods
Je pistons 9.0 to 1
Cosworth stage 3 heads purchased off this fourm.
Jwt 700 series turbo kit gt28rs
3 row intercooler
jwt twin disc clutch
Turbo xs u tec with map sensor
Greddy turbo timer
HKS evc boost controller
Aps true dual 3'' exhaust
full h and r suspension
Ruff 18 nice lip good Toyo tires spare BFG drag radials
Real veil side body kit.
orion full competition audio 2 10's tweeters and components
im sure im forgetting things


price is 17k obo unless you want the car this week with engine out for 12k
www.jandeperformance.com
did all engine work he has the second fastest turbo car in north east. The car as it sits right now puts down a little over 700hp fully tuned, the car spins through 4th gear on street tires, i know i have tons of money invested in this car from parts,machining to labor and ill never get it all back lol so all resonable offers will be considered, NO TRADES PLEASE.

check out more pics at

www.photobucket.com/ttz

Syner

Nice body kit

I think you would have some legal ground in this case, but then again, I'm not a lawyer.

Antlaw

Yeah nice kit but it wasn't a real veilside either lol.

KornerCarver

iTrader: (2)

Getting a lawyer involved is just going to cost you a lot of money and I suspect you have little chance of winning a substantial sum. You paid $17K for the car. Do you feel is is worth $5K less than you paid? It would cost you more than that to hire a lawyer. I think you are in California and the seller is in New Jersy. Long distance lawsuits are always difficult. The other problem is you apparently bought the car sight unseen and "as is". You would probably be better off selling the car and quit spending more money on it. Hiring a lawyer would be very costly endeavor with little chance of any significant recovery.

SQuaLZ

+1!