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Old 11-12-2010   #1
Kracka
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Re: Legal advice wanted on recent car purchase

Buyer beware; never trust a seller, especially regarding a modded car. Sounds to me like you failed to do your due diligence.
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I agree with Kracka.
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Old 11-12-2010   #2
C3L1CA
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Re: Legal advice wanted on recent car purchase

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Originally Posted by dsmdion View Post
The "AS IS" part may get you. Even if Link is stated in the ad he's prolly just gonna say that the car is in fact "as is" and that you came and looked at the car, and that you bought it anyway. Pretty deceitful really. He was obviously hoping you wouldnt notice when you looked it over, and luckily for him you didnt. Its also funny how fast he contacted a lawyer, he obviously had his ass covered on this one, and he's just gonna claim you shouldnt have bought it. What a fucking douche
I don't really know if he contacted his lawyer or if he just called a buddy for a second opinion and was trying to scare me. That or he knows he is lying and wants to really cover his ass.

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Originally Posted by 95talonracer View Post
All cars over 100k are as is and did the letter you write up get notarized? If not then it may be good for you as it wont stand as much as if it were notarized.
The letter we wrote up did not get notarized. My gf was there and so was his wife, don't know if that makes a difference.

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Originally Posted by xveganxcowboyx View Post
He was selling a package deal. As-is refers to condition, not existence. I can't advertise selling a set of 12 plates and then give you a box with 9 plates in it and say "as is." If he had given you the Link as advertised and you later found it to be non-functional that would be a different story. As it stands, he took your money for a product he did not provide. That is theft.
That's how I thought of it, just very nicely put. Thank you!

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Originally Posted by mlomker View Post
Exactly right. In legal terms the description of what is being sold is called an express warranty. The term As Is only disclaims implied warranties, such as more damage to the drivetrain than the seller realizes is there.

It's not like it'd be cost-effective to take him to court over this so either way it'll have to be negotiated.
I agree on the cost-effectiveness part. I'm hoping he will come up a little in price and we can just settle it that way. Having to take time off work and all the other stuff that would come with going to court makes it seem alomst not worth it.

Quote:
Originally Posted by Kracka View Post
Buyer beware; never trust a seller, especially regarding a modded car. Sounds to me like you failed to do your due diligence.
Lesson learned.
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