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I really need LEGAL help here - Southern CA

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Old 12-18-2008, 09:17 PM
  #16  
Arena993
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Originally Posted by MarkD
aw man... sorry the hear it Mike.
Good luck with it.

I was planning on keeping the car anyway. Now I really have to.
Old 12-18-2008, 09:23 PM
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jdistefa
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I hate it when people are dishonest with a car. Speaking from experience .
Old 12-18-2008, 09:25 PM
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Sorry to hear that, Mike. As someone pointed out earlier, Small Claims Court might be the best route. Have iron-clad proof of damages (% loss of value for TMU, etc) and also ask for punitive damages for fraud.

OTOH, you might find an attorney that is local to the seller who can write him a nasty letter spelling out the laws and associated fines which may (hopefully) soften up the seller a bit. Although people that do such things generally don't care until they're on their way to the slammer, then they wonder what happened.
Old 12-18-2008, 09:28 PM
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Originally Posted by jdistefa
I hate it when people are dishonest with a car. Speaking from experience .
I hear ya. It stings a little, but what makes me mad is his total disregard for the situation. You can't tell me that in a period of 2 years he never looked at the odometer and noticed the miles never changed. Or that all the receipts from the dealer all show the same miles. NO ONE IS THAT STUPID.

Mike
Old 12-18-2008, 09:30 PM
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I hate to hear that Mike. You've helped me out numerous times and I wish I could return the favor on this one, but alas I don't know anyone in CA that would be of much use.

I do hope you get it sorted out. Sounds like you have a solid case, so it should be easy money for a lawyer. Then again, I wonder if the small claims route might be an option. May require a trip out though and I know from LR that'd be quite a bit of cash.
Old 12-18-2008, 09:32 PM
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If all else fails and you can't fight it and win post all of his personal info on here and we'll help you out
Old 12-18-2008, 09:32 PM
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Originally Posted by jimbo3
Sorry to hear that, Mike. As someone pointed out earlier, Small Claims Court might be the best route. Have iron-clad proof of damages (% loss of value for TMU, etc) and also ask for punitive damages for fraud.

OTOH, you might find an attorney that is local to the seller who can write him a nasty letter spelling out the laws and associated fines which may (hopefully) soften up the seller a bit. Although people that do such things generally don't care until they're on their way to the slammer, then they wonder what happened.
I think in CA Small Claims Court is a max of $5,000 (maybe a bit more). I am in the process of trying to find an attorney right now. I am not going away so something will happen.

Mike
Old 12-18-2008, 09:34 PM
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Originally Posted by Cactus
If all else fails and you can't fight it and win post all of his personal info on here and we'll help you out
I'd like to take the cactus in your avatar and shove it up his azz.

Mike
Old 12-18-2008, 09:38 PM
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coltj
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FWIW, if you are going to puruse this(and you should), you might want to consider limiting the information in future posts here. PO could be trolling Rennlist. Good luck.
Old 12-18-2008, 09:42 PM
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Originally Posted by coltj
FWIW, if you are going to puruse this(and you should), you might want to consider limiting the information in future posts here. PO could be trolling Rennlist. Good luck.
Good point, advice taken. He knows everything I have said here has been said to him in one form or another except the cactus remark.
Old 12-18-2008, 09:44 PM
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early_grayce
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Originally Posted by jimbo3
Sorry to hear that, Mike. As someone pointed out earlier, Small Claims Court might be the best route. Have iron-clad proof of damages (% loss of value for TMU, etc) and also ask for punitive damages for fraud.
+1

Attorneys are expensive and annoying, court cases drag on and on (and on and on), and unless you're asking for a full refund plus damages in the end you might not get much more than you would in Small Claims Court.

You'll get a reasonable amount in Small Claims Court, and then the case is settled and you can enjoy your absolutely gorgeous car.

GL
Old 12-18-2008, 10:10 PM
  #27  
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Limit on California small claims is $7500. Happy to help in anyway I can....
Old 12-18-2008, 10:10 PM
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Just wanted to add how much I sympathize with you. Misrepresentation (unintentional) is why my P-car went away, BUT the seller stepped up and did the right thing!! There were issues with my new King Ranch, this time intentional, and the seller kept on lying. It's disappointing that people are that way.

I urge you to fight it, but in small claims court. It seems you're fine with keeping the car, but just want some consideration for it's lost value. It would be a slam dunk, quicker and cheaper to argue.
Old 12-18-2008, 11:01 PM
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Mike sorry to hear about your head-ache and certainly you are not one
deserving of this BS .
Do what you have to but do not let it ruin your day.
I am sure you will get justice at the end .

Cheers Guy
Old 12-18-2008, 11:24 PM
  #30  
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Default Small claims court

Mike: I've got a copy of this if you're interested http://www.nolo.com/product.cfm/obje...EF421A1A5/104/
The small claims court system is pretty fair. Further, there is a plethora of info available online. For example, http://www.courtinfo.ca.gov/selfhelp...s/getready.htm
I would think there are enough California guys on this forum that appreciate your help and inspiration that you would get help if you pursue this on your own.

Let me know if you'd like the book.


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