01-24-2005
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#1
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Area code 166 represent
Join Date: Aug 2003
Location: Crystal, MN
Posts: 10,329
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Re: What would you do?
Quote:
Originally Posted by TalonTSiDude
Actually a dealership would help out not only to save face and avoid a lawsuit, but becuase they are forced to. I believe the law is 30 days on a used vehicle.
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Nope. Not on an "as is" sale. They are only liable for those used cars where they may offer some sort of 30 warrenty or something.
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'16 Focus ST - Daily Duty
'93 mr2 - Track car in progress
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01-24-2005
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#2
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R U DTF bro?
Join Date: Aug 2003
Location: Oak Point, TX
Drives: C8 Stingray Z51
Posts: 20,620
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Re: What would you do?
Quote:
Originally Posted by DSMStyle
Nope. Not on an "as is" sale. They are only liable for those used cars where they may offer some sort of 30 warrenty or something.
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If I remember correctly, back when I was researching this type of thing, dealerships are obligated to provide some sort of help within the first 30 days. It is very possible there was a dollar-value cutoff for this. Maybe Steve will know more. There are a lot of consumer protection laws out there that most people don't know about (and that sellers/retailers won't tell you about).
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Quote:
Originally Posted by Murlo26
I agree with Kracka.
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01-24-2005
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#3
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Admin
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Re: What would you do?
Quote:
Originally Posted by TalonTSiDude
If I remember correctly, back when I was researching this type of thing, dealerships are obligated to provide some sort of help within the first 30 days. It is very possible there was a dollar-value cutoff for this. Maybe Steve will know more. There are a lot of consumer protection laws out there that most people don't know about (and that sellers/retailers won't tell you about).
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I don't know if there is a dollar cut off, but I know there is one for the age and/or mileage of the car. I bought my truck from a dealership. It's a '99 which had 107k miles at the time, and there was no standard warranty because of the mileage.
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01-24-2005
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#4
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Mazda Bitch
Join Date: Oct 2003
Location: MN
Posts: 3,208
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Re: What would you do?
I'd be interested to know what you found Chris, because less than 30 days after buying my GSX from Brookdale Mitsu the check engine light came on and they wouldn't do squat to help.
Anytime you buy a used car "as is", there is no warranty.
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01-24-2005
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#5
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R U DTF bro?
Join Date: Aug 2003
Location: Oak Point, TX
Drives: C8 Stingray Z51
Posts: 20,620
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Re: What would you do?
I could very well be wrong. Too bad we don't have a lawyer on the board 
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Quote:
Originally Posted by Murlo26
I agree with Kracka.
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01-24-2005
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#6
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Business as usual
Join Date: Oct 2003
Location: Isanti, MN
Drives: Dodge Viper and Honda Insight
Posts: 2,206
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Re: What would you do?
What I find strange is how the car dicided to piss all the oil on the ground and the tranny was acting up. As any responsible seller, I checked the oil before putting it for sale. I even retourqed the head studs. I was suprised in how the car was not low on oil. The only problem I could have forseen with the car is the owner not tunrning on the fan and overheating it. Nothing like what happened. How would the tranny act up? If the engine lost all oil and seised up, how would that affect the tranny?
As far as workin on cars, I hate it. I cannot even do it yet either (doctors orders). I considered parting my 92 when the block went as I did not want to put any time in the car. I have the engine out of my car and will not even have time to touch it until the spring when school is out. As far as diagnosing, I am pretty sure it is seised up. I have not seen the car but if it spilled out all oil and will not crank, that is my guess. Maybe excessive boosting on the car (has boost leak at the IC) caused the turbo to fry and dump the oil??? I have no idea how anything would affect the tranny though. I did my mom a favor in selling the car. I actually wanted to keep it as it ran perfect. Not like I didn't take care of the car at all.
I feel guilty as I have had bad experiences:
-Bought integra for $5000 timing belt and tranny went in the same month. Local dealer, I was screwed.
-92 talon $3900 clutch went at the end of the week. Owner of my works ex-wife was the seller. I paid the $1100 to get it fixed three months later when I had the money.
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97 Viper GTS
03 Mercedes CLK500 rollin on dubs...
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01-24-2005
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#7
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ConArtist
Join Date: Oct 2003
Posts: 1,960
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Re: What would you do?
I am pretty sure that legally he is under no obligation to help. That does not however mean that he can't be taken to small claims court where verbal comments could be taken into consideration as far as what John told him when he sold it etc. So it is possible that some civil action could be a problem but most people will not go through the hassle etc of filing a claim and the time frame involved.
Besides all the legal issue of liability and otherwise, if the car was truely sold without the thought of screwing the buyer, I do think it would at least be fair to help him troubleshoot the problem. Who did the work on the car? The timing belt, head gasket etc?
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Quick Precision Racing, Inc.
"Always Raising the Bar!"
651-488-7774
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01-24-2005
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#8
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Business as usual
Join Date: Oct 2003
Location: Isanti, MN
Drives: Dodge Viper and Honda Insight
Posts: 2,206
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Re: What would you do?
Quote:
Originally Posted by Raptor
Who did the work on the car? The timing belt, head gasket etc?
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I did all the work myself minus Ryan coming over and throwing the timing belt on and tightening it. It was my 5th and final head swap of year 2004. Not like I am a newbie to it all anymore.
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97 Viper GTS
03 Mercedes CLK500 rollin on dubs...
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01-24-2005
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#9
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Join Date: Feb 2004
Location: I wish somewhere less rainy!
Drives: She is 22, black, slow and does not play fair.
Posts: 791
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Re: What would you do?
I would just touch base with him on the subject. Since we are all members on here. I don't think it is your fault at all though. You did disclose everthing you knew about the car. He did look at the car and test drove the car before he took ownership of it.
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01-24-2005
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#10
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ConArtist
Join Date: Oct 2003
Posts: 1,960
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Re: What would you do?
The question of newbie or not is pretty much a point of perspective I wasn't after. What I am getting at is if one of the things you did as "the mechanic" failed on it prematurely, that should make you more likely to help him and it is possible that it makes you more liable in a civil case as the car was sold with those points mentioned as recent service to promote the sale. I could be wrong on the last part, just a thought to give you as much info as possible to figure out what to do. This is a sad situation for all involved. Even if nothing happens as far as the legal or moral side of things go, it should be one of those lessons everyone learns from as far as clearly defining "as is" and knowing the laws before selling or buying. If anyone finds the true details on what the law states as far as used as is vehicles etc, seller responsibility etc, they should post it up so we can all know for sure.
__________________
Quick Precision Racing, Inc.
"Always Raising the Bar!"
651-488-7774
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01-24-2005
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#11
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Tournaments Won: 3
Join Date: Oct 2003
Location: Maple Grove, MN
Drives: Lancer and Durango
Posts: 7,017
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Re: What would you do?
I have found that DSMs are the most owner Pissy cars ive ever found. what i mean by this is that whether it be someone driving your car, or you recently sold/bought your car something bad happens. My car loves to blow tires when someone else is driving her. its really freakin stupid. The last 4 tires that have blown have done so with someone else driving my car. and when i first bought my car after driving about 200 miles, i blew a tire going 90 mph, i thought it was cool because the car handled so well after it blew, then 2 days after i got the tire replaced i was on my way to work and another tire blew. then me and my car had a talk and sorted out our differences and she decided she wouldnt blow tires with me driving again. hasnt done it since, but i forgot to tell her to not blow tires when someone else was driving. fucking bitch of a car.
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Scientific theories are the most reliable, rigorous, and comprehensive form of scientific knowledge. This is significantly different from the common usage of the word "theory", which implies that something is a conjecture, hypothesis, or guess.
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01-24-2005
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#12
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ConArtist
Join Date: Oct 2003
Posts: 1,960
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Re: What would you do?
What does that have to do with the topic of the thread?
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Quick Precision Racing, Inc.
"Always Raising the Bar!"
651-488-7774
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01-24-2005
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#13
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Admin
Join Date: Oct 2003
Location: Sportsman's Paradise, LA.
Posts: 5,382
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Re: What would you do?
I don't know what the laws are in MN, but in Louisiana there is something called an "Implied Warranty" that all car dealers are bound to. 30 days. They will tell you there is no warranty, but there is.
If you really want to know, contact a lawyer or the Better Business Bureau in your area
Individual's (one person to another) sales are not bound by anything unless you lie at the time of sale, get caught and dragged into court over it.
Bottom line, you don't have to do anything. If you want to help as a "goodwill" gesture on your part then feel free to do so. But I wouldn't do or say anything until somebody knows what truely happened to the car.
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"You don't have a clue. You couldn't get a clue during the clue mating season in a field full of horny clues if you smeared your body with clue musk and did the clue mating dance."
When she get's bitchy, SPANK THAT ASS! (#Y#)
Last edited by 1ViciousGSX; 01-24-2005 at 06:28 PM..
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01-24-2005
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#14
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Join Date: Oct 2003
Location: Spain
Drives: .
Posts: 262
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Re: What would you do?
I bought my 91 GSX a few years ago. Not 2 days later I threw a rod. I wasn't mad at the previous owner because it's not like he set it up to do that.
From dealers there is an implied warranty.
If it is a private party there is none unless stated in writing.
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01-24-2005
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#15
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Join Date: Jan 2005
Location: south mpls
Posts: 445
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Re: What would you do?
This is Charlie, the guy that bought the laser, im not really mad at John and I dont think he set this up.
The reason I started it back up when it stalled was because, it stalled when I test drove it and one other time, due to the idle surge, so I thought it was the idle surge again.
I dont think I was beating the living hell out of the car, but I did accelerate up threw 1st and 2nd gear 2-3 times to see what the car could do, however other then that I was driving regularly. I never forgot to turn the fan on. I know that legally John does not have to do anything at all, but Id say that morally he should do something, both as the guy selling it and as the mechanic that worked on it. All I need is a running car to get me to school and work.
Edited. You cannot sell the car on here yet. You do not have enough posts. Read the rules in the classified sections and that will let you know what you have to do if you wish to post your car for sale.
CRAIG
Last edited by TurboDomestics; 01-24-2005 at 07:35 PM..
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01-24-2005
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#16
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Area code 166 represent
Join Date: Aug 2003
Location: Crystal, MN
Posts: 10,329
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Re: What would you do?
Quote:
Originally Posted by TurboDomestics
but i did accelerate up threw 1st and 2nd gear 2-3 times to see what the car could do
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That's all it might have taken. Seriously with one WOT trip you can toss a rod right through the oil pan or something. If that drive would have been with JOhn before the sale on the test dirve then it would be all on him. It's just happened to you as the owner and not him.
Quote:
but Id say that morally he should do something
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That's not up to you though. Honestly I can't really say I would do anything either. John has to do what he thinks is right in his mind and about the only thing he can seek from us is opinions. I am surprise he even did that on a public site like this. That shows something about him, cause normally stuff like this would be removed by the admins and asked that the 2 of you settle it off the site. I am glad both of you are being good about all this on a public board. You don't see that often. Thanks!
__________________
'16 Focus ST - Daily Duty
'93 mr2 - Track car in progress
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01-24-2005
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#17
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Join Date: Jan 2005
Location: south mpls
Posts: 445
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Re: What would you do?
Quote:
Originally Posted by DSMStyle
That's all it might have taken. Seriously with one WOT trip you can toss a rod right through the oil pan or something. If that drive would have been with JOhn before the sale on the test dirve then it would be all on him. It's just happened to you as the owner and not him.
That's not up to you though. Honestly I can't really say I would do anything either. John has to do what he thinks is right in his mind and about the only thing he can seek from us is opinions. I am surprise he even did that on a public site like this. That shows something about him, cause normally stuff like this would be removed by the admins and asked that the 2 of you settle it off the site. I am glad both of you are being good about all this on a public board. You don't see that often. Thanks!
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I did do 1 or 2 WOT runs when i test drove the car, and nothing happened,
and I realize that its all on him what happens next but, IMO he should do something, (but of course Im going to say something like that). I dont know what to do, I cant fix this car because I do not have the time to do so, and If I pay a shop to fix a car, its not going to be this laser. It'll be my Conquest.
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01-24-2005
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#19
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Big Turbo Monster
Join Date: Oct 2003
Location: Hopkins
Drives: GTS and E55
Posts: 1,105
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Re: What would you do?
He thinks he should do something but not buy the car back or anything. He transfered his ties to the car the night he sold it to you. He registered the sale online with his card off the title. Physically he cannot work now. He is only able to lift 5lbs according to his doctor. He has to schedule his next appointment to get his slip updated. Is there anyone in the minneapolis area who can go diagnos the car? John has school and works straight through the week.
__________________
Life's tough.... it's even tougher if you're stupid.
7/25/09
Motorcycle cop pulls up next to me on UNI and says "Want to race?"
Me- "I don't think you would stand a chance."
Cop says "probably not" and drives off.
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01-24-2005
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#20
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Big Turbo Monster
Join Date: Oct 2003
Location: Hopkins
Drives: GTS and E55
Posts: 1,105
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Re: What would you do?
BTW, what do you think he should do. THis is his brother, James.
__________________
Life's tough.... it's even tougher if you're stupid.
7/25/09
Motorcycle cop pulls up next to me on UNI and says "Want to race?"
Me- "I don't think you would stand a chance."
Cop says "probably not" and drives off.
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