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Who thinks I should sue?

Started by Inked_Ghandi, April 13, 2012, 08:49:15 PM

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Inked_Ghandi

As some of yall might have seen in previous posts, I got screwed big time on my charger. Turns out there was little to no frame left. Also the floor was gone so the seats were sitting on the driveways. But according to all my email traffic with this individual, the car only needed minor work before being able to be driven. I have all the emails between me and the individual along with multiple pictures of the car from the back to the front and top to bottom. From what I have heard from a few fellow mopar fans is that I should take his ass to court and get my money back. I just wanted to know if anyone thought or knows for a fact if I have a legitimate case or I just need to learn from said mistake and keep on going with my life?
"It doesn't matter if you win by an inch or a mile, winning is winning."

USAF AMMO

Silver R/T

http://www.cardomain.com/id/mitmaks

1968 silver/black/red striped R/T
My Charger is hybrid, it runs on gas and on tears of ricers
2001 Ram 2500 CTD
1993 Mazda MX-3 GS SE
1995 Ford Cobra SVT#2722

Inked_Ghandi

To the best of my knowledge it wasn't as-is. If anything the biggest thing is I was told it ran and as far as I know it only ran on hopes and dreams.
"It doesn't matter if you win by an inch or a mile, winning is winning."

USAF AMMO

A383Wing

Did you get bill of sale stating what car was like? Did you get warranty? Did engine run?

I'm thinking you are stuck with what ya got....any attempt to sue may cost you more than what you will get...plus, just because you sue someone, does not mean you will see any cash or refund from seller

Bryan

Inked_Ghandi

Bill of sale was written on a piece of legal pad paper by someone with really bad handwriting. All it says is "I sold the 1974 dodge charger to......(name)......(address)....." And I was going to take it to small claims court. Take it to the legal office on base for some help.
"It doesn't matter if you win by an inch or a mile, winning is winning."

USAF AMMO

Chryco Psycho

If you think you can prove the car was misrepresented you should have a case .
You may be able to negotiate a settlement with the buyer by simply drafting a letter from a lawyer showing intent to sue , beyond that the cost to sue may well outweigh the gain , he may have no means to repay , I have won settlements in court before but still never received a penny .
Get everything you have together & spend an hour with a lawyer , they usually have some kind of free discussion to assess your case & give you advice .

Inked_Ghandi

Luckily the military has free lawyers for us. So I won't feel like I am being lied to. And hell if I could settle with the guy to get anything back, that would be awesome. But I do understand when you say some people have no way of repaying.
"It doesn't matter if you win by an inch or a mile, winning is winning."

USAF AMMO

Chryco Psycho

Good luck , I hope you can get some resolution .
My car is still for sale as well , I know you will get more for your $$

Cooter

Did you go look at it BEFORE you bought it, Or just go on the sellers word? Did you take someone that knows these cars with you when you looked at it for rust prone areas? Did you ask the seller if you could take it to a local shop to put it on a lift for a better look under it? If NOT.....................

Then Sorry, but you kinda DID by the car as is. Everything is a VERBAL agreement. Buyer BEWARE today..How many times does it have to be said, ALWAYS take someone with you to go and look at car that knows said cars and rust prone areas.How many people have to go through this before this is common practice?

Please don't take this the wrong way, but you got screwed buying a POS, will cost more in lawyers fees to get back what you spent, move on, end of story.
I don't play the real estate game/market because I don't know WTF I'm doing...If you have NO IDEA what is rusted out and what isn't TAKE SOMEONE WITH YOU TO LOOK AT IT BEFORE BUYING. Just because there's a few "Mopar fans" telling you to "Go to court" doesn't mean you'll come out ahead. Not saying you have NO CHANCE, but VERY SLIM. You bought it  on most likely a verbal agreement.

" I have spent thousands of dollars and countless hours researching what works and what doesn't and I'm willing to share"

ACUDANUT

" But according to all my email traffic with this individual, the car only needed minor work before being able to be driven."

Hey, it can still be driven with lots of rust. :Twocents:

Tilar

The verbal agreement argument changes from state to state. In many states a verbal agreement is as binding as a piece of paper that is signed and notorized, and since he has emails that the man signed, I would think that he does have a signed statement on the condition of the car. Just my  :Twocents:
Dave  

God must love stupid people; He made so many.



73rallye440magnum

I'm sure you're angry as a hornet, but do you really want to stay all  :flame: about it while pursuing a couple thousand dollars? Even if you get some money, it's still going to be a bitter memory. Hard to say if the dillweed even has money.

Have you considered cutting your loss and moving forward? Could you find a new project and focus your energy on that one?

Thanks for your service.
WTB- 68 or 69 project

Past- '73 Rallye U code, '69 Coronet 500 vert, '68 Roadrunner clone, XP29H8, XP29G8, XH29G0

BrianShaughnessy

Black Betty:  1969 Charger R/T - X9 440 six pack, TKO600 5 speed, 3.73 Dana 60.
Sinnamon:  1969 Charger R/T - T5 440, 727, 3.23 8 3/4 high school sweetheart.

ACUDANUT

BTW, the Military is not going to provide a lawyer for a 40 year old car purchase.  :Twocents:

miller time

Trust no one, everyone lies, especially when it will benefit them, so if I were you Id take the lawsuit money and start fixing my car, sorry you got ripped off but life sucks, people lie, cars rust, and lawsuits dont solve everything
but if your serious try to find an unbias lawyer and ask what he thinks of the case, so that way maby you'll waste $250 instead of several thousand

69finder

Trust, but verify.  Whatever a seller says is just information that must be verified.

Chryco Psycho

The point here is always the same - IT IS WORTH THE TIME TO GO & LOOK AT ANYTHING YOU WANT TO BUY .
Every week we hear the same tale bought a car unseen & got screwed , this is simply the best advice anyone can heed Before buying . If ti costs too much to go see it you cannot afford it once you get it . As Cooter said everyone will make the deal sound better as a seller You have to know what you are getting into or be prepared to deal with the result .
Now that the mistake has been made you have to figure out to best deal with it , you cannot return to the past & rethink this . It should be worth the cost to have a lawyer draft a letter & rattle the guys cage & see what happens .

68 Bullitt Charger

First the Military will not provide an Attourney to sue over a Classic Car. Also the Car was bought sight unseen therefore Buyer Beware. Finally, by the time you pay Lawyer's, Court Fee's, take off from work and other B/S, you will be into the car for double and still may lose due to a verbal agreement that the Seller will claim.

Cut your losses and fix or sell the car as is and move on. Just next time "Buyer Beware" and make yourself visually inspect it prior to purchase. :yesnod:  Good Luck,

Joe
Some of the Mopar Ride's in Stable.....
58 Pymouth Fury "Christine"
65 Ply Satellite 9.43@141 mph
58 Ply Fury "Christine"
64 40th anniv 880 Custom 383 Pwr Everything!




I'd rather be hated for the person I am, than be loved for the person I am not!!!!!!

stripedelete

You bought an education in buyer beware and unibody construction.  Why not pick up a legal class too.  It might come in handy later on in life.
Take it as far as you can for free.

Lennard

Sometimes just threatening is enough. When I bought my '68 Charger on eBay it stated in the auction that it came with a clear title. When I went to the DMV to put the title in my name they said I couldn't because the last owner (not the guy I bought it from) did not sign it so I had to get a bonded title. That all costed me about $400 so I told the guy I bought it from he needed to pay that since it did not came with a clear title as stated in his eBay auction. He refused at first because he stated in the auction "as is where is" but when I told him I was going to small claims court with this case because he also stated "clear title" he paid within a week.