Quote:
Originally Posted by Fr_Chuck  You can always try to sue, if you can prove the previous owner was aware of the defect. Also was the bill of sale marked as is, if there was no notice that the sale was 'as is" the arguement that an implied warranty may apply. |
Please explain how that would work. My husband and I just got royally taken for $11K, by someone who seemed honest.
This was advertised as a 2004 Land Rover Discovery, VIN#
{removed} for sale on Ebay. It was item number {removed}. I
was the highest bidder at $11,399 on October 06, 2009.
After repeated attempts to contact seller, we finally were able to
coordinate a meeting/ pick up date of October 15, 2009.
We purchased an airline ticket at my expense for $103, so that we could
meet seller in Los Angeles where he resided, and planned to drive this
vehicle back.
As the ad stated:
" Beautiful Landrover Discovery, gold with tan and black interior. 1
owner car, I have owned it from new and it has only been serviced at the
dealership, Landrover in Encino, California. I purchased it with some
upgrades, factory wood center console (approx $ 800) and top of the line
Grille Guard (approx $1500) it also has a 6 CD changer and the towing
package. It comes with all original documents and equipment including 2
keys with alarm and door opening. Title is clean and I have it in my
possesion. "
Having spoken to seller previously about the vehicle's condition,
and him explaining how well it had been maintained at the Land Rover
dealership, and his stated word that this vehicle ran very well, we had
no reason to doubt to make the drive back home to San Mateo, or think
that this vehicle would not be roadworthy.
Shortly after meeting seller at LAX at around 1pm on Oct 15 2009, we
proceeded to an area where we could conclude the transaction. We located
a local cafe where I handed you a cashiers check for $11,399.
Subsequently, he asked to be reimbursed you for the registration costs
of $279, which he had paid on 23 September of 2009. That, not being part
of the sale agreement, raised a concern, but as the vehicle seemed to be
in order thus far, we agreed to do so at a later date.
During the ride to that location, in which he drove, I noticed the shudder on the front
end of the vehicle. When I asked about that, you informed me that it was
due to "improperly balance tire/s". I found that odd considering that
this vehicle was alledgedly maintained at a factory Land Rover
dealership, and a $25 per wheel balancing was not much of an undertaking
for either them or your expense. Nevertheless, we said nothing.
Upon a closer visual inspection, my husband noticed the uneven wear
pattern on the tires. This phenomenon is called " tire cupping", in
which a defective or improperly balanced tire deforms its thread due to
uneven pressure on the tire band. This can also be caused by damaged,
defective or out-of-round wheels.
Additonally, it can be indicative of front suspension problem or improper wear to suspension components. It can also be indicative of a previous accident.
I would also like to point out that he stated that he had owned a boat, but had never towed it with this specific Land Rover Discovery I was
purchasing.
Taking his word that this vehicle had been "meticuously maintained
always at the Land Rover dealership", and assurances that this specific
Land Rover Discovery I was purchasing from him always ran very well, my
husband handed him the money and proceeded to drive home.
After about a 20 minute drive, We pulled off the freeway to a local
gas station, and filled up the gas tank at a cost of $64.50. The vehicle
had been nearly empty when I obtained it from seller.
We continued on driving northbound on Highway 101 for about 130
miles, maintaining an average speed of 65 MPH, at which time, a "
SERVICE ENGINE SOON" warning light came on.
At the very same time, the vehicle began to lose power and make a noise
which I believed was internal engine noise. We IMMEDIATELY coasted to
the side of the road, and turned the vehicle off.
Having driven this vehicle less that 150 miles, we were flabbergasted
and extremely concerned to see that this vehicle, a 2004 Land Rover
Discovery, with stated 42K original miles, could develop such a problem,
such a short distance from its origin, and such a short time after
purchasing.
I was also very upset realizing that we were stranded, in the middle of
nowhere, at night, with no near access to emergency or towing service.
This occured about 15 miles north of Santa Maria.
After calling AAA for roadside assistance, we were told that our
service would only cover the first 6 miles or so, and the rest would be
on us. Not having any other alternative, and realizing that both my
husband and I had to be a work the next day, we had no choice but to
agree. We had to pay a tow service fee of $133 to be towed to the
nearest location in which help could be rendered, which was San Luis
Obispo.
By this time, it neared 10pm. There were no service stations,
shops or auto repair facilities where we could be dropped off at. We
were forced to look for lodging for that night, and then attempt to find
assistance early next morning. We had to pay for lodging at a local
Trvelodge motel for $84.
Early next morning, we had to walk around San Luis Obispo looking for a
auto repair facility qualified to perform inspections and repairs in
Land Rover vehicles. The nearest franchised dealer was in Monterey, over
120 miles away.
I was able to locate a British automobile specialist, {removed} We have never previously met this person
prior to this event. He agreed to inspect the vehicle, and furnish the
results of his findings.
Now being stuck in San Luis Obispo, I had no choice but to rent a
vehicle. The most economical vehicle available was a KIA Rio, {removed}, at a cost of $54 per day. Not knowing
anyone in the area, and not having any other means of getting home, my
husband and I had no choice but to rent this vehicle.
By the time we arrived at home later that afternoon, both him and I had
missed a day of work.
Upon initial inspection on Friday 16 October 2009 by {removed} BSC,
it was diagnosed thru their equipment that this vehicle suffered of
severe misfiring, and that the ignition coil packs and wires would have
to be replaced. He estimated the cost between $500-800.
After these items were ordered from the factory, ( a process which took
over the weekend), We contacted Peter at BSC on Monday,19 Oct 2009, and
were told that the vehicle was not ready. Again, We called Tuesday, and
were told that there were additional issues with this Land Rover
Discovery I purchased from seller. There seemed to be misfire still
present, even after the replacement of those parts.
We were told to call again the next day, while they attempted to repair
this vehicle.
Again, we called on Wednesday, Oct 21, and were told that various
tests had been performed, including a compression check, but they were
still unable to repair it. They kept trying to sort out the problem, and
were told to call on Thursday.
Once again, we called today, Thursday 21 October 2009. It was explained
to us that there seem to be a broken or damaged valve or valvetrain
issue, and that the cylinder heads would have to be removed. The cost of
such procedure was estimated to be $1000.
Dismayed at the prospect of yet additional expenses, for a vehicle
alledgedly in good condition, with only 42K miles ( Land Rover Discovery
vehicles have extensive history where 200K miles are not unusual before
any major repairs are needed, and 100K without problems are the norm),
and always well maintained as you stated, It fails to reason that this
could have occured on a 150 drive.
I cannot in good conscience accept his explanation that this was " an
accident" or "coincidence". It would be preposterous and very ignorant
on anybody's part to assume that "these things just happen". They do
not.
As of today, October 25 2009, this 2004 Land Rover Discovery
purchased from the seller EXACTLY one week ago, sits in a repair
facility, broken down and unable to be driven home.
Moreover, we were inmformed by the mechanic yesterday that this Discovery needed valvetrain components ( lifters) replaced, which will bring up the bill even higher.
We feel that this has been a dishonest, untruthful and deceitful transaction from the beginning. The wife and {removed} both stated that they have ALL records from day One, since they are the original owners. They have not produced any to this day.
We have not received the SMOG CERTFICATION mandated by the state, which clearly states that the SELLER is responsible for this.
We want our money back, in full, including expenses incurred as a result of this misrepresentation of the vehicle's condition.
The ONLY other alternative, is that he reimburse us for ALL expenses we have incurred from the Towing cost onwards. Otherwise, we will not hesitate to take this to Litigation.
{removed} alledgedly is a performing musician that works with the Department of the Army. My husband is a Civil Affairs officer in the U.S Army. He is extremely upset that we have been deceived and is contmeplating contacting the U.S Army Dept of Public Affairs ( who deal with entertainers), and address this deceitful and dishonest transaction with them, to make them aware of the questionable integrity of Mr Lington.
Additionally, it will be our legal right to make this dishonest transaction public record, and palce on the internet for all to see.
We are very upset, as we feel we were intentionally deceived, with a grossly misrepresented vehicle. We feel that the two alternatives given, under the circumstances that we were put on by {removed} deserve that.
There has got to be something we can do. My husband is all for burning this guy in any legal way he can; he seems a lot more upset than I. He just got back from Iraq, and felt that folks here would be a little different.
I wishec he hadn't had to go through this, specially as he was buying this as a presnt for me.
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