If you buy a boosted car and it blows
Originally Posted by Lawy'dU
wrong, it is sold "as is" only if it is specified as such. Also, if the seller begins to tell the buyer about the details/condiction of the car he is obligated to give the buyer all of the information he is aware of. If the seller honestly and in good faith does not know of a certain detrimental factor of the vehicle he is not obligated to confer it, but this must be a reasonable mistake. edit: Judging by the fs thread a court will more than likely be able to find that enough information has been conferred, so full disclosure of the known defects of the car is required.
Also, because the sale of a boosted Z would be greater than $5000, the statute of frauds applies which means that if there is not a written contract for the sale of the vehicle, the sale was not enforceable and the buyer can reclaim his money. As you can see, for the most part, a wounded buyer can still collect damages, or complete reciscion of the deal under not only misrepresentation, fraud, not having an adequate writing, etc. If this happens to anybody, they first need to gather all of their documentation, then contact the seller, and if the buyer does not recieve the results he beleives is fair, he needs to find counsel and file a law suit.
Also, because the sale of a boosted Z would be greater than $5000, the statute of frauds applies which means that if there is not a written contract for the sale of the vehicle, the sale was not enforceable and the buyer can reclaim his money. As you can see, for the most part, a wounded buyer can still collect damages, or complete reciscion of the deal under not only misrepresentation, fraud, not having an adequate writing, etc. If this happens to anybody, they first need to gather all of their documentation, then contact the seller, and if the buyer does not recieve the results he beleives is fair, he needs to find counsel and file a law suit.
http://www.hsmv.state.fl.us/dmv/usedcar.html
As-Is Or Warranty
All dealers are required by Federal law to post a "buyers guide" in the window of each vehicle offered for sale. The buyers guide notifies the buyer that there is a warranty or that the vehicle is being sold "AS-IS" with no warranty of any kind.
In the case of an "AS-IS" sale, once you drive the vehicle from the dealership, it belongs to you, despite any problems the vehicle may have. If the vehicle breaks down after only a few minutes of leaving the dealership, the repairs are YOUR responsibility.
Sometimes the most important difference between vehicles is not under the hood or in the extra equipment offered but rather is tucked away in the product packaging - the Warranty Card. While you think nothing will ever happen to your newly purchased vehicle, problems will surface. The better the warranty, the less you will pay for those unexpected repair bills.
When comparing warranty policies, longer is better. However, be cautious of policies that are too long or have unrealistic requirements -- the company may not be around later when the vehicle needs service. Be sure to ask:
Are all the parts covered?
Is there a co-payment
Am I required to have repairs done only at selected garages?
Does normal service need to be accounted for?
Can service be performed at a repair shop of your choosing or only by certified repair shops designated in the policy? (Important if you live some distance from where you would be expected to have repairs and service done.)
If misused, is the warranty completely void on all covered items?
Keep your warranty safe, it should be kept with receipts. Make a copy and keep it in a separate location. Some companies are lax while others require you to have the original warranty with you when repairs are performed. Be sure to be specific in following the manufacturer's warranty requirements.
The Magnuson-Moss Warranty Act of 1975 requires that warranties be available for reading before purchase. Unfortunately some companies do not comply with this requirement. No reputable dealer runs afoul of this law, but their administrative procedures for providing this information are sometimes incomplete. Under this federal law, you can sue based on breach of express warranties, implied warranties or a service contract.
The bottom line is: read warranties carefully, especially the fine print. Be sure to obtain copies of the documents you sign. Be sure that any other papers you sign match what you agreed to. There have been occasions where a "buyers guide" reflected a warranty, but the contract stated "AS-IS". In this case, government agencies would view this as an "AS-IS" sale.
Remember, there is no warranty or agreement unless it is in writing and signed by all parties. Get any promises made in writing.
There is no Lemon Law for used cars in Florida.
All dealers are required by Federal law to post a "buyers guide" in the window of each vehicle offered for sale. The buyers guide notifies the buyer that there is a warranty or that the vehicle is being sold "AS-IS" with no warranty of any kind.
In the case of an "AS-IS" sale, once you drive the vehicle from the dealership, it belongs to you, despite any problems the vehicle may have. If the vehicle breaks down after only a few minutes of leaving the dealership, the repairs are YOUR responsibility.
Sometimes the most important difference between vehicles is not under the hood or in the extra equipment offered but rather is tucked away in the product packaging - the Warranty Card. While you think nothing will ever happen to your newly purchased vehicle, problems will surface. The better the warranty, the less you will pay for those unexpected repair bills.
When comparing warranty policies, longer is better. However, be cautious of policies that are too long or have unrealistic requirements -- the company may not be around later when the vehicle needs service. Be sure to ask:
Are all the parts covered?
Is there a co-payment
Am I required to have repairs done only at selected garages?
Does normal service need to be accounted for?
Can service be performed at a repair shop of your choosing or only by certified repair shops designated in the policy? (Important if you live some distance from where you would be expected to have repairs and service done.)
If misused, is the warranty completely void on all covered items?
Keep your warranty safe, it should be kept with receipts. Make a copy and keep it in a separate location. Some companies are lax while others require you to have the original warranty with you when repairs are performed. Be sure to be specific in following the manufacturer's warranty requirements.
The Magnuson-Moss Warranty Act of 1975 requires that warranties be available for reading before purchase. Unfortunately some companies do not comply with this requirement. No reputable dealer runs afoul of this law, but their administrative procedures for providing this information are sometimes incomplete. Under this federal law, you can sue based on breach of express warranties, implied warranties or a service contract.
The bottom line is: read warranties carefully, especially the fine print. Be sure to obtain copies of the documents you sign. Be sure that any other papers you sign match what you agreed to. There have been occasions where a "buyers guide" reflected a warranty, but the contract stated "AS-IS". In this case, government agencies would view this as an "AS-IS" sale.
Remember, there is no warranty or agreement unless it is in writing and signed by all parties. Get any promises made in writing.
There is no Lemon Law for used cars in Florida.
doug, the owner before pat was the original owner and he is the one that put the greddy tt and all the other money into the car. It was tuned for a safe 6 psi but then when pat got it he started upping the boost and was running 470hp on stock block with 440cc injectors and emanage blue. When I got it, it still had emanage blue, I switched to utec and wideband and still have a lot of work to do.
Originally Posted by merlin3
doug, the owner before pat was the original owner and he is the one that put the greddy tt and all the other money into the car. It was tuned for a safe 6 psi but then when pat got it he started upping the boost and was running 470hp on stock block with 440cc injectors and emanage blue. When I got it, it still had emanage blue, I switched to utec and wideband and still have a lot of work to do.
i appreciate what Lawy'dU wrote. most contracts/laws are subject to scrutiny if you have enough money.. though that is not the point of this thread.. as soon as the seller found out what happened he immediately pony'ed up $650. and it was 1am in the morning, and he immediately knew about an engine being sold for $1000. i know as-as is as-is. if i was the seller, and had completely good intentions i would of not offered up $650 after 150miles, i would of payed for a new motor. i guess that is a perfect world.
Lawy your also wrong about the SOL amount...its $500 not 5000, but still the sale is over the SOL amount.
Im assuming that they did have some type of written agreement; would be stupid to not write something down about price, sold as is, etc... Hell you can write a contract on a napkin and enforce it
edit: sounds like a live a learn situation; you still got a Z with a turbo kit and additional mods. A built motor wouldve been needed at some point in the future anyways
Im assuming that they did have some type of written agreement; would be stupid to not write something down about price, sold as is, etc... Hell you can write a contract on a napkin and enforce it
edit: sounds like a live a learn situation; you still got a Z with a turbo kit and additional mods. A built motor wouldve been needed at some point in the future anyways
Originally Posted by Z350MAN04
i appreciate what Lawy'dU wrote. most contracts/laws are subject to scrutiny if you have enough money.. though that is not the point of this thread.. as soon as the seller found out what happened he immediately pony'ed up $650. and it was 1am in the morning, and he immediately knew about an engine being sold for $1000. i know as-as is as-is. if i was the seller, and had completely good intentions i would of not offered up $650 after 150miles, i would of payed for a new motor. i guess that is a perfect world.
Originally Posted by JETPILOT
Now with a built motor you might as well sell the Turbonetics and go with a Greddy TT.
JET
JET
..
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