buyer beware!

[EASYTRADER]

if you have it in written form that the oil analysis is GOOD then you have a decent case to sue for reccision.

Believe it or not it is considered Fraud to sell somebody a vehical that you claim is in good condition while knowing it needs an overhual.

However to establish the fraud will require more than just your word. If you have an email claiming truck is in good condition, you have a winable case.

Try "How to sue and win in Municiple Court" by Nolo Press

 

[greg334]

>if you have it in written form that the oil analysis is GOOD
>then you have a decent case to sue for reccision.
>
>Believe it or not it is considered Fraud to sell somebody a
>vehical that you claim is in good condition while knowing it
>needs an overhual.
>
>However to establish the fraud will require more than just
>your word. If you have an email claiming truck is in good
>condition, you have a winable case.

Not really..

The thing is you have to define 'good condition'.

So for example I have a car sitting in a barn that has not run in 20 years and has no brakes, I can claim that car is in good shape, even advertise it on a bill board and not be held liable for the brakes being bad if I sold the car and the buyer fails to look at the brakes or asks specific questions about the brake - as far as I am concern, I am looking at the car’s body condition or design but not the mechanical functions of the car and defining the statement 'good condition' around my interpretation.

I already went down that path when I was in court for misrepresentation on a sale of a car I bought, the fact that neither the seller or I was a mechanic (that came later for me), the case was thrown out because I could not define ‘good condition’ at the time of the sale and I had a lot of things in writing.

Seeing that this is a truck and there was a dealer involved, that is where they may have some recourse and I recommend getting a lawyer before anything else.

 

[RichM]

I have read all through this thread and also on the other site by the seller. Looks to me like people are taking sides in this dispute. One corner has EO members the other corner has XX members.

This dispute should probably be resolved privately as suggesting this or that or denying this or that in public forums is counterproductive to resolving the situation.

 

[greg334]

Rich,
I am not taking sides, I am trying to make a clear point. There is a lot of info here that is helpful to others who just see buying a truck as something akin to buying a car and forget that a truck is a tool and with any tool there is a purpose and a selection process that should be used.

 

[Dreamer]

This is a bad situation which definately should make buyers, and sellers, cover all bases in such a transaction.

However, in the best interest of all involved in this, I'm now going to lock this thread. Any further discussion might be best to continue in private, and not in an open forum.

Thanks,

Dreamer
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