FRUNKenstein

Eric: Stasha is making a common mistake - confusing a contract claim with a fraud claim. The amount of time that has passed and the mileage are largely irrelevant. This isn't a "you sold me a lemon" case - it is a "you lied to me" case.

And also regarding paying an attorney an hourly fee. You are correct - this is clearly a contingent fee case. None of the personal injury law firms are going to take the case, but this case will be attractive to a litigator looking to make a name for him/herself. So, everybody put your checkbooks away.

Also, after speaking with a Texas attorney, it appears that Texas has a very comprehensive consumer protection act that applies in sales by individuals to other individuals (as opposed to the seller being a business) as long as the buyer is a "consumer". I haven't researched it myself, but apparently the law provides for treble damages and a mandatory award of attorney fees if the plaintiff prevails.

I don't know how this will eventually end up - whether OP will hire an attorney or not and whether OP will prevail if he does sue KK. But, there is definitely significant liability here (figure 3 times the cost of the rebuild plus attorney fees) and a very unique set of circumstances where there is a whole lot of damning evidence in the defendant's own words sitting right here on RL for everyone to see. My original recommendation to OP still stands - reach out to KK and give him an opportunity to do the right thing. If he ignores or refuses, the OP has got absolutely nothing to lose by pursuing the matter. And KK will be giving him no reason not to do so.

5CHN3LL

Did you even bother to check Texas statute of limitations for fraud, or is it just easier and more fun to repeat yourself ad nauseam?

Any good lawyer would consider the information a potential client brings to them and advise them based on their understanding of the law and how the law is typically interpreted and enforced in the jurisdiction in question. A good lawyer would be able to provide insight about the likelihood of a judgment in their client's favor as well as the options for enforcing any possible judgement. A good lawyer would inform a client whether or not "winning" would likely result in any satisfaction; in some cases where there is no reliable way to enforce the decision, investing time and money may not be worthwhile.

In Texas (no, I have no idea where the transaction occurred, but I assume it's either Texas or New Jersey), civil cases regarding fraud and contract disputes can be brought up to four years later - but I'm sure if OP is interested in such things, he has or will request the advice of a good lawyer and will not be swayed by Internet arguing one way or the other.

Gonzo911

IF the OP want to pursue any legal action, he should probably be busy printing and/or downloading screenshots. As I recall, KK's first ban from RL was for deleting his DIY Posts after getting butt hurt about something...

Sue Esponte

Preaching to the choir, my friend. I was trying to be polite by not schooling him on the topic. I thought you (and a few others) hit the nail on the head with your initial responses. It never ceases to amaze me how many people play a lawyer online and strenuously argue their positions, as though their based on something more than a combination of gut reaction and TV law. Ever see a show called the Grinder? lol

-Eric

cerex

This is a script for a 2 AM IMS infomercial on the shopping network.

In all seriousness there is no case 7000 miles later
What KK did is quite obviously in bad taste and the poor attempt at posting about the new owners failure is deliberate and calculated to save face
The experimental retrofit reads like a serious of bad **** gone wrong as expected
New owner I am sorry you got screwed
Rest of us if you haven't done an IMS upgrade by now, stop playing Russian roulette and schedule an appointment, your probably next to post your horror story.

Meanwhile anyone have any suggestions on where I should keep my cell phone

5CHN3LL

Funny, the attorneys lining up behind the "no case" guys seem awfully quiet.

stasha

A feeble attempt. If it was THAT obvious, this WOULD be a case. But it is not. There is no need to "strenuously argue" to you on-line lawyers, because if it were a case, you would be on it.
I began my first response a few days ago simply to express how the buyer should NOT BOTHER, because all you false prophets would only serve to unnecessarily goad him into taking on a suit that would fail.
What? Are you patent or real estate lawyers?
(I expect to hear a lot of bravado and huff and puff about your credentials after that remark.)
TAKE THE CASE, DAMMIT! Show us how positive you are.


Absolutely correct, and you probably are not even a lawyer but able to see the logic.
As stated repeatedly before, the anti-KK sentiment is so great, it blinds even the professionals as to the logic of this issue.

Yah, they are likely quiet because they realize that your "case" stance is indefensible, and it would be a wasted effort to try to prove you wrong -- after all, they would not receive any remuneration for their efforts.


I chose to stick with this stupid argument, because I just don't like the dog piling and character assassinations that this Pelican clique is engaged in.
In fact, I have observed that when anyone proposes a conflicting opinion to this clique, a similar dog piling and ridicule of the person who DARED to conflict with these juveniles.
Not right.
You should take your high school boyhood mannerisms to some social site.
You intimidate many people who honestly just want to work on their Porsches.

kromdom

best oil for the 996???

Kalashnikov

How about some Russian girls instead?

DTMiller

I still would like to see KK get sued. Just sayin'

Kalashnikov

FYI, that's KK's Russian cousin getting punished for selling a hummer with faulty IMS bearing.

sweet victory

For the ignition switch or motor?

5CHN3LL

I don't HAVE a case - and I wouldn't likely pursue one. I just don't understand why you think the OP investigating it is such a foolhardy idea when others who seem at least as knowledgeable as you clearly don't agree. Phone calls cost nothing, so why not let OP - if he's so inclined - ask a real, live, honest-to-God lawyer if he has a case instead of chanting your "you all hate KK and you're stupid" mantra?

He could even leave out the "stasha says everyone hates KK" part to ensure that he/she is not overwhelmed by the seething hatred you seem to believe exists here.

Pretty sure most of the people who have weighed in are arguing from the plaintiff's perspective, so the case doesn't need to be defensible.

I wanted to give you props for working "remuneration" into a sentence, since we all know that big words are the cornerstone of every effective argument, but I'll let it slide so I don't get another "vacation" for going too far...

sweet victory

Stasha uses a thesaurus every time he posts, but he still doesn't know what liability is. Don't see why you guys even bother...

groovzilla

Found a photo of KK before his ship sank