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    MLINGTONCHEATED's Avatar
    MLINGTONCHEATED Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 25, 2009, 10:18 AM
    Got taken
    Quote Originally Posted by Fr_Chuck View Post
    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 café 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 allegedly 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.
    Additionally, 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 occurred 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 through 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
    Allegedly 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 occurred 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} allegedly 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 place 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.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #2

    Oct 26, 2009, 08:11 AM
    Waaay too much information and should be on a thread of its own. We don't need to know things like "The gas tank was nearly empty when we picked up the truck." That has no bearing on your situation whatsoever.

    There are a lot of various issues here. I think your mechanic is a)not very good at his job, b)not very honest or c)a combination of the two. He recommended coil packs and wires at only 42K? Not impossible but extremely unlikely that those would be bad that quickly. Unless, of course, the vehicle has more miles than that on it.

    Did you test drive the vehicle prior to purchase? I would assume so, as you noticed a "vibration" but chose not to address that issue with the seller. Did you get anything in writing from the seller regarding the condition of the vehicle or regarding any warranty?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #3

    Oct 26, 2009, 12:10 PM

    I hate to tell you this but used cars bought from private individuals are purchased "as is". You may have been deceived, lied to, inconvenienced, had to part with more money for towing, accommodations, rental car, repairs to vehicle you just bought, etc, etc. but basically it boils down to the fact

    You bought it now you're stuck with it.

    And no, you will not win anything in court or get your money refunded.

    You could take it up with Ebay but I seriously doubt they can do anything about it.

    You tried to save money (or so you've led me to believe) by purchasing a vehicle way below it's Blue Book value and got stung bad.

    You should have had YOUR mechanic thoroughly test it out.

    You got what you paid for essentially. A Land Rover at a cheap price. Now you'll have to spend some money to have it repaired.

    It essentially doesn't matter if you owned it and drove it away and got 1 mile down the road and the engine blew up on you. It's still yours and you can't do much, if anything, about it now. It's too late as the horse already left the barn.

    P.S. You forgot to mention what you ate for breakfast, lunch and dinner. Most, if not a huge majority of your post is irrelevant. Sorry.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Oct 26, 2009, 12:40 PM

    First, I agree with the others that you provided WAY too much info. Also we do not allow personal info here so I removed an number of pieces of info.

    The key issue here is that this was a private sale and such sales are normally As-Is. You aren't going to like this, but you ALLOWED yourself to be taken. If the seller said it had been serviced by the dealership, then you should have asked for the dealer name and confirmed it before arranging a pickup. You should have also arranged for a car inspector to meet you at the pickup point to go over the car before handing over any money. There are services that do this.

    What this amounts to is you paid for and accepted delivery of a car without doing your due diligence. Your best bet now is to contact E-Bay, they have insurance that may reimburse you somewhat. But I doubt if you will win in court.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #5

    Oct 26, 2009, 01:01 PM

    J_9 agrees: So much irrelevant info I didn't even finish reading the whole thing.

    J-9 - You should have read it. Kind of makes them the poster children for buying used vehicles off Ebay. It's exciting, it's thrilling, it's pathetic. It teaches a very valuable lesson.
    ptcpaul01's Avatar
    ptcpaul01 Posts: 15, Reputation: -2
    New Member
     
    #6

    Oct 26, 2009, 01:04 PM

    You are screwed EBAY won't do squat and niether will the courts. I and my son have had problems buying cars via EBAY and I tell everyone unless it is close to your home where you can have it checked stay away. Take it as a lesson learned.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #7

    Oct 26, 2009, 04:02 PM

    I looked up the Blue Book prices for the Land Rover. It seems you didn't save much by going through Ebay to buy this car and now you'll have to dump bucketfulls of cash into it. You should have bought a used Jeep instead. It's almost impossible to kill them and they hold up very well. But I'm sure hubby was leaning more towards something more like what he drove in Iraq instead.
    panther196's Avatar
    panther196 Posts: 64, Reputation: 1
    Junior Member
     
    #8

    Nov 3, 2009, 07:26 AM

    Its ashame you got burned. If I was to spend that kind of money on a car I would have haved a good, trustworthy mechanic checkout the car first. The mechanic could be lying to you. In today's tough economy some mechanics are lying to make money. I have seen it happen. You drove the car & shrugged off the shudder noise. That should have raised red flags as well as him asking you to pay the registration. Consider this a lesson learned.

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