My 1st 911. Getting it worked out.
07-26-2006, 03:56 PM
#76
Drifting
Thread Starter
Originally Posted by Tom R.
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!
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!
07-26-2006, 03:59 PM
#77
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Originally Posted by arr0gant
This is Civil Law. Your are way off-base.
I didnt know texas has two sets of evidence rules, one for civil, one for criminal. You just dont get it. I agree with the other posters about you being naieve. Sorry I tried to help. Next time i will keep my thoughts to myself and just watch the train wreck.
07-26-2006, 04:02 PM
#78
Drifting
Thread Starter
Originally Posted by Tom R.
If you say so. I didnt know texas has two sets of evidence rules, one for civil, one for criminal.
You just dont get it. I agree with the other posters about you being naieve. Sorry I tried to help. Next time i will keep my thoughts to myself and just watch the train wreck.
I didnt know texas has two sets of evidence rules, one for civil, one for criminal. You just dont get it. I agree with the other posters about you being naieve. Sorry I tried to help. Next time i will keep my thoughts to myself and just watch the train wreck.
As I said, I have already been advised by 3 Texas atty's. I have been told that iwth my evidence, they don't have a chance.
Although I do appreciatte your help, lets leave the legal advice to the lawyers.
Thanks!
07-26-2006, 04:05 PM
#79
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Originally Posted by arr0gant
First off, personal attacks aren't necessary. Secondly, I have the fax's they sent me. They don't have to be approved by a judge. This is a civil case, it doesn't work as you are thinking. The differences between the 2 are huge.
As I said, I have already been advised by 3 Texas atty's. I have been told that iwth my evidence, they don't have a chance.
Although I do appreciatte your help, lets leave the legal advice to the lawyers.
Thanks!
As I said, I have already been advised by 3 Texas atty's. I have been told that iwth my evidence, they don't have a chance.
Although I do appreciatte your help, lets leave the legal advice to the lawyers.
Thanks!
BTW, what do you do for a living? You tell me and I'll tell you.
07-26-2006, 04:22 PM
#81
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Tom R
Don't bother. This is an open and shut case as he was told. Of course the atty also told him "They don't do contigency in this case cause the risk is not worth the payoff for them." What risk? It's an open & shut case. lol
Don't bother. This is an open and shut case as he was told. Of course the atty also told him "They don't do contigency in this case cause the risk is not worth the payoff for them." What risk? It's an open & shut case. lol
07-26-2006, 04:24 PM
#82
Drifting
arr0gant,
we will be very happy for you if you tell us that the car is returned and you got your $$ back.
then we will watch out for you, help u get your 996. c4s or turbo, what ever you like.
but the used car market is a very "dramatic" place. until u got your $$ back in your pocket. anything could happen.
yes, u have them in *****. but u need to spend too much time to fix this.
BTW, don't post anything on here any more. if you need advise on this case, send message.
best regards.
we will be very happy for you if you tell us that the car is returned and you got your $$ back.
then we will watch out for you, help u get your 996. c4s or turbo, what ever you like.
but the used car market is a very "dramatic" place. until u got your $$ back in your pocket. anything could happen.
yes, u have them in *****. but u need to spend too much time to fix this.
BTW, don't post anything on here any more. if you need advise on this case, send message.
best regards.
07-26-2006, 04:28 PM
#83
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Originally Posted by jw97C2S
Tom R
Don't bother. This is an open and shut case as he was told. Of course the atty also told him "They don't do contigency in this case cause the risk is not worth the payoff for them." What risk? It's an open & shut case. lol
Don't bother. This is an open and shut case as he was told. Of course the atty also told him "They don't do contigency in this case cause the risk is not worth the payoff for them." What risk? It's an open & shut case. lol
I know I do not know Texas law. I also know lawyers can get disciplined or suspended if they give legal advice (even free legal advice) in a state they are not licensed in. I know I am not a Texas lawyer.
If a Texas lawyer said it is open and shut, then it is open and shut.
My feelings now are if someone can afford to drop 50k on a car they can afford to drop another 10k on lawyers to get the 50k back. I am happy with my lowly 944 because I want to limit the amount of $$$ I leave on the wall of Lime Rock or Pocono. My brother on the other hand is a lawyer that wants to drive a car fitting of a lawyer, hence I am hanging on this board as I try to learn about 996s for him.
I also wonder about that warranty where the buyer signed/initialed the as is box and under the warranty box where there is no signature acknowledging a warranty says warranty. If I was THE judge I would have a hard time saying there is a warranty. something about looking at the four corners of the document.
But if the Texas lawyers say it is open and shut, his initials must not be an issue.Since it is open and shut, and arrogant knows all he needs to know I think arrongant should lock this thread and reopen it in a few years to post the results when the litigation is over. I will subscribe to it.
Arrongant reminds me of the charachter in body heat. the one that made the comment about a thief getting caught because he forgot one detail. seems arrogant has all the details so our advice is superfluous.
Last edited by Tom R.; 07-26-2006 at 04:43 PM.
07-26-2006, 06:24 PM
#85
Nordschleife Master
Sounds good. I think everything has been said that can be said.
I'm subscribed to the thread and awaiting the result. Ultimately it's now in Arr0gant's hands.
We wish him luck and hope for the best.
This has been a train wreck and I'm not sure I watch any longer. The message about them not returning phone calls was the last straw for me.
I'm subscribed to the thread and awaiting the result. Ultimately it's now in Arr0gant's hands.
We wish him luck and hope for the best.
This has been a train wreck and I'm not sure I watch any longer. The message about them not returning phone calls was the last straw for me.
07-26-2006, 06:32 PM
#86
Nordschleife Master
Again, no offence, but I'm also curious - how old are you and what do you do for a living?
I'm guessing no older than 25 (no one over 25 uses gay so as to mean 'a bad thing') and if 50K is no big deal, then I'm saying inherited money, or a job that doesn't require a lot of experience to get to a high salary.
I'm guessing no older than 25 (no one over 25 uses gay so as to mean 'a bad thing') and if 50K is no big deal, then I'm saying inherited money, or a job that doesn't require a lot of experience to get to a high salary.
07-26-2006, 06:44 PM
#87
Drifting
Thread Starter
Originally Posted by oreganet
Again, no offence, but I'm also curious - how old are you and what do you do for a living?
I'm guessing no older than 25 (no one over 25 uses gay so as to mean 'a bad thing') and if 50K is no big deal, then I'm saying inherited money, or a job that doesn't require a lot of experience to get to a high salary.
I'm guessing no older than 25 (no one over 25 uses gay so as to mean 'a bad thing') and if 50K is no big deal, then I'm saying inherited money, or a job that doesn't require a lot of experience to get to a high salary.
07-26-2006, 07:29 PM
#88
Nordschleife Master
Originally Posted by arr0gant
LOL, i payed cash, and my credit rating is more important to me than 50k.
IT manager... as I said, large salary without much experience.
Additionally, the comment above can be interpreted as meaning that 50K is not important to you.
I'd also say that you're single. Your attitude is not one of a married man. I know a few married IT managers and none of then can afford to pay cash for a Porsche.
07-26-2006, 08:19 PM
#89
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As if this horse hasn't been beaten to death enough, I'll pose two more questions for you, Gant.
1) Do the faxes from Momentum contain any verbiage about them deceiving Global on the flood history of your C4S? In other words, do you have any official paperwork proving Momentum willfully misrepresented the car to Global? The answer will obviously determine whether Momentum is also liable.
2) Does your warranty paper from Global contain any signatures or letterhead? Take Tom's caution to heart. If this is as simple as an open-and-shut case as your attorneys say, then that's great for you. Don't forget, however, every lawsuit has an opposing lawyer -- for a reason.
Good luck, we're all pulling for you.
1) Do the faxes from Momentum contain any verbiage about them deceiving Global on the flood history of your C4S? In other words, do you have any official paperwork proving Momentum willfully misrepresented the car to Global? The answer will obviously determine whether Momentum is also liable.
2) Does your warranty paper from Global contain any signatures or letterhead? Take Tom's caution to heart. If this is as simple as an open-and-shut case as your attorneys say, then that's great for you. Don't forget, however, every lawsuit has an opposing lawyer -- for a reason.
Good luck, we're all pulling for you.
07-26-2006, 08:28 PM
#90
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Maybe if we beat the dead horse long enough, it will go away....
1. This dealer is either dishonest (he knowingly sold you a flood damaged car) or incompetent (he deals in cars for a living yet didn't do a proper background check on such an expensive piece of inventory, and risked being stuck with it). In either case, why would you want to deal with them again in any way? If they will take the car back for a refund, do this ASAP, but DO NOT hand over the vehicle until the cash hits your account.
2. It is highly likely the dealer is just stalling while trying to find a way to get out of this to his benefit, not yours. If this is not true, why wouldn't they simply say, "bring the car back now for a full cash refund"? The reality is that he will be stuck with a car that will be tough to sell, and that he will take a big loss on it, if you return it. There is no easy or honest way out of this for the dealer. Either he loses or you lose. Which do you think he'd prefer?
3. Litigation should always be a last resort when all else fails. If this was such an "open and shut" case, then why wouldn't they take it on contingency? These attorneys can go on and on about how solid a case it is, but at the end of the day, they will collect their fees whether you win or lose. The only reason to waste your time with this, is if the dealer completely reneges on a refund and you are left with no other options.
4. And finally a personal observation that I hope will not offend you. I suspect you have gotten caught up in the emotion of owning/driving your new Porsche (which we can all understand here!) and are not thinking as rationally as you might in other circumstances. IMHOP you should be focused totally on returning the car and getting your cash back. Forget about searching for other cars, getting a deal on an exchange with Global, etc. If you don't get this car back to them soon, this could get really ugly. Remember, Global is currently holding all the cash, and you are holding a big lemon that is probably worth half of the cash you traded for it. You're only goal right now should be to get that car back to them and get all your cash back ASAP. If and when that fails, call the lawyers.
1. This dealer is either dishonest (he knowingly sold you a flood damaged car) or incompetent (he deals in cars for a living yet didn't do a proper background check on such an expensive piece of inventory, and risked being stuck with it). In either case, why would you want to deal with them again in any way? If they will take the car back for a refund, do this ASAP, but DO NOT hand over the vehicle until the cash hits your account.
2. It is highly likely the dealer is just stalling while trying to find a way to get out of this to his benefit, not yours. If this is not true, why wouldn't they simply say, "bring the car back now for a full cash refund"? The reality is that he will be stuck with a car that will be tough to sell, and that he will take a big loss on it, if you return it. There is no easy or honest way out of this for the dealer. Either he loses or you lose. Which do you think he'd prefer?
3. Litigation should always be a last resort when all else fails. If this was such an "open and shut" case, then why wouldn't they take it on contingency? These attorneys can go on and on about how solid a case it is, but at the end of the day, they will collect their fees whether you win or lose. The only reason to waste your time with this, is if the dealer completely reneges on a refund and you are left with no other options.
4. And finally a personal observation that I hope will not offend you. I suspect you have gotten caught up in the emotion of owning/driving your new Porsche (which we can all understand here!) and are not thinking as rationally as you might in other circumstances. IMHOP you should be focused totally on returning the car and getting your cash back. Forget about searching for other cars, getting a deal on an exchange with Global, etc. If you don't get this car back to them soon, this could get really ugly. Remember, Global is currently holding all the cash, and you are holding a big lemon that is probably worth half of the cash you traded for it. You're only goal right now should be to get that car back to them and get all your cash back ASAP. If and when that fails, call the lawyers.