Deal just went south! Ship the sucka freight collect if possible.

 

You know, its real simple from my angle. They are going to pay to ship the car back, pay for my air-fare and gas to drive home and pay me every penny I paid for the car. If they don't agree, I will file suit. I already have a lawyer waiting for the outcome. So, I am not real worried about them not fixing this to my satisfaction. I'm not too sure why you guys blk et al think im so naive. The law is clearly on my side.

Read this: http://library.findlaw.com/2000/Mar/1/130722.html

So, in the mean-time, I am going to give them a few days to get this straight and give me an awsum deal. I think time is on MY side. As long as they keep up the communication, which im a little worried about.

 

Two words ... treble damages.

 

A friend, who is a lawyer, had a similar problem with a dealer selling him a Porsche that was found to be salvaged and lied about even the year of the vehicle. Won a DTPA lawsuit after a year for treble damages, attys fees, etc. Dealer went bankrupt & he collected nothing. He's still bitter about the whole thing. Never count on a "sure thing" lawsuit.

 

Hmmm. What other choice do i have if it all comes down? At least I'll still have the car!

Oh and im sorry, i DO NOT see momentum going out of bus.!

 

But you dont have a case with momentum. Momentum never dealt with you. You only dealt with global. I dont know texas law but my guess is i you were to sue global you would implead (or is it interplead) momentum in your suit just so global couldnt point to momemtum as the perpetrator.

 

Lawyer told me, we are going to sue them both. They will BOTH get a letter!

Its kind of like this, If I were to sell the car to someone and I had the car in a flood and never told the person I sold it to, then THEY sell it to someone and the 3rd party find out. Guess who it comes back to? ME!

 

Exactly, there is no case against Momentum. What you should do is what everyone is suggesting - get the car back to the dealer. And don't condition it on getting all of your expenses back. Also be careful about the form of payment you receive if the dealer does refund your money. If the dealer gets the car and your money, you've got trouble.

You seem to be forgetting you are dealing with a very sleazy dealer for passing off the flood damaged car in the first place.

 

Im not trying to practice texas law, but the letter to momentum by your lawyer may as well be written on scottissue.

You have to prove they knew it. easier said here than in court where you have to authenticate every piece of evidence you are showing the judge, and have an expert say the document says what it says.

not trying to **** in your cornflakes.

instead of typing here, work on getting that lemon back to global and your money back into your bank account.

I would also start a claim with carfax right now and if you financed it see if your bank will pull the money from global since the collateral they took was misrepresented. if you financed you are lucky, just drop the car off at the bank and say here is your collateral, screw my credit rating, and move on (JK).

 

You must not be a lawyer. In civil law you only have to prove beyond a preponderance. Thats more likely than not. YOu don't need expert witnessess etc.. Your story just has to be at least 51% to their 49%. Witht the proof i have along with witnesses, proving beyond a preponderance is a cake-walk.

 

LOL, i payed cash, and my credit rating is more important to me than 50k.

 

If you say so.
Are you a lawyer? If yes, then you dont need our advice.

I am not a texas lawyer thats for sure.

You can lead a horse to water....

 

Of all three lawyers I ahve talked to, they tell me the case is open-and-shut with the evedince i have. All it comes down to is me paying $500 to 15k if it goes to trial. They don't do contigency in this case cause the risk is not worth the payoff for them. They have all sayd I will get, AT LEAST, my damages, what I payed for the car and atty's fees.

Prolly not a good idea to give legal advice, unless you are an atty that undertands DTPA and Consumer Fraud. Thats all im saying. I have been advised.

So..Im not looking for legal advice unless you ARE an atty. THen I will take all the free legal advice you are willing to give!!

 

Oh, and the fax cover sheet along with the 2 faxes from Momentum seals it!

 

Here is some free legal advice, get the guarantee of the outcome of the case in writing. Unless you get that, leave the practice of law to the lawyers.

the most difficult thing with evidence is getting it in. Your papers are worthless unless authenticated. Didn't you watch LA Law, Perry Mason or The Practice? Even Ally McBeal knows you have to get the evidence in for the judge to consider it, and papers you say show it was flooded are worthless unless proven authentic, or more authentic than the papers from the other side provide that may state otherwise. I know, that can never happen. Carolyn Warmus said the same thing about fifteen years ago. I wonder if she is out of jail yet.

your member ID says a lot. Good luck!

Edit, Just keep the car. It wil be cheaper for you to pay the repair bills than the legal bills you will incur with your confidence.