Considering selling again - 1991 Red Turbo Miata 56k miles - Page 3 - Miata Turbo Forum - Boost cars, acquire cats.

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Old 02-26-2007, 01:12 PM   #41
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I have replaced the tranny and it shifts fine now and but the darn motor has a thrust bearing problem. The engine idle drops and a lot of times cut off when I press the clutch pedal. I have replaced the engine with a different one now, but head gasket is leaking on this new motor. Do you guys think this qualify for lemon law? I was told it's the transmission that the the only problem.
Are you stupid? You want the previous owner to warranty a used engine that you put into your car? Your anger should go towards the party that sold you a bad motor.

Besides, from reading your m.net posts, it would be simple to create a case that shows your own inability/ignorace/negligence.

Also, since you bounced your check, the purchase contract should be considered to be incomplete, as you failed to meet your end. Man up and cover the bounced check!

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You did not purchase from a dealer, you purchase from an individual. There was absolutely no guarantee's set. I told you every problem I knew, we spent HOURS talking through everything.

Now you are considering trying to "lemon law" sue me? I'm pretty DAMNED sure there is no case. I could sell you a car that I poured sand into the motor, once the title is signed over, it's a completed sale. There were no guarentee's offered.

I've done nothing but try and be of help to you. I even forgave the rest of the money of that check your mom wrote to me that bounced, and the hundreds in overdrafts that ended up causing me. I'm done with you.
I edited the above passage for relativeness. You have to be pretty careful when you sell a vehicle. In many state, a vehicle is sold with an implied warranty and guarantee of serviceability and merchantability unless the contrary is specifically stated in writing. In the state of GA (where I live and have knowledge of this law) if you do not write something to the effect of "sold as is, where is without guarantee, no express or implied warranty offered", then the purchaser would have recourse in event of any defects.

The lemon law only offers recourse in new car purchases. Small claims court would be the more appropriate venue for this, though I doubt this case would do anything but waste the court's time.

The selling party could easily file against the purchaser/purchaser's mom to recover the amount of the bounced check, a bounced check fee, and may be entitled to double damages (up to the maximum limit of the law). Bouncing a check is a felony if the check is over a certain amount. The amount varies state to state.
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Old 02-26-2007, 01:15 PM   #42
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I edited the above passage for relativeness. You have to be pretty careful when you sell a vehicle. In many state, a vehicle is sold with an implied warranty and gaurantee of servicability and merchanability unless the contrary is specifically stated in writing. In the state of GA (where I live and have knowledge of this law) if you do not write something to the effect of "sold as is, where is without gaurantee, no express or implied warranty offered", then the purchaser would have recourse in event of any defects.
Thanks for your help and advice Ben, I'll definitely bear all of this in mind next time I sell a vehicle. I gave up on trying to recover the rest of those funds, it's not worth it to me at this point. However, if this does go to court, I'll be shooting for them.
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Old 02-26-2007, 01:27 PM   #43
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Thanks for your help and advice Ben, I'll definitely bear all of this in mind next time I sell a vehicle. I gave up on trying to recover the rest of those funds, it's not worth it to me at this point. However, if this does go to court, I'll be shooting for them.
I can't see the purchaser being granted a recovery in any event, considering he purchased an old vehicle with a non factory turbocharger, knowing that said vehicle had some mechanical defects. Furthermore, if he were entitled to a recovery due to some implied serviceability law, the terms of the sales contract were not fulfilled due to a problem on the purchaser's end. So he fucked himself.

Filing a suit (or counter suit) for the bounced check should be a slam dunk win. If the purchaser becomes a PITA, you could contact local law enforcement; he committed a crime, possibly a felony.
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Old 02-26-2007, 01:30 PM   #44
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I'll just leave that alone for now, the check plus the fee's I got were under $350 total. If I hear another word about this car though, I'm going for it. My roommate wants more beer $. :gay:
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Old 02-26-2007, 02:26 PM   #45
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I bought a used wad of gum. It doesn't seem to have any flavor left. Can I sue the seller?
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Old 02-26-2007, 02:44 PM   #46
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there is no need for all the foul stuff you guys are talking here and the check was cancel for $170. I didn't tell you do depend on a check and now have any other funds to cover your personal charges (3 charges and try to charge other BS fees )you have and blame the check bouching. The check was cancel due to the seller saying it has high idle and transmission is bad, but in fact the engine was bad too,trunk won't stay open, battery size of a tank renig to hell,all the trash that was in the car. I basically replaced the whole damn car for it's worth. I could have bought a better car for damn $6000k grand total it's costing me and I sure don't have to work on it.
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Old 02-26-2007, 02:48 PM   #47
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I bought a used wad of gum. It doesn't seem to have any flavor left. Can I sue the seller?
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Old 02-26-2007, 02:51 PM   #48
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I'll just leave that alone for now, the check plus the fee's I got were under $350 total. If I hear another word about this car though, I'm going for it. My roommate wants more beer $. :gay:
no need for this kind of stuff
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Old 02-26-2007, 02:51 PM   #49
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Are you stupid? You want the previous owner to warranty a used engine that you put into your car? Your anger should go towards the party that sold you a bad motor.

Besides, from reading your m.net posts, it would be simple to create a case that shows your own inability/ignorace/negligence.

Also, since you bounced your check, the purchase contract should be considered to be incomplete, as you failed to meet your end. Man up and cover the bounced check!



I edited the above passage for relativeness. You have to be pretty careful when you sell a vehicle. In many state, a vehicle is sold with an implied warranty and guarantee of serviceability and merchantability unless the contrary is specifically stated in writing. In the state of GA (where I live and have knowledge of this law) if you do not write something to the effect of "sold as is, where is without guarantee, no express or implied warranty offered", then the purchaser would have recourse in event of any defects.

The lemon law only offers recourse in new car purchases. Small claims court would be the more appropriate venue for this, though I doubt this case would do anything but waste the court's time.

The selling party could easily file against the purchaser/purchaser's mom to recover the amount of the bounced check, a bounced check fee, and may be entitled to double damages (up to the maximum limit of the law). Bouncing a check is a felony if the check is over a certain amount. The amount varies state to state.
Are you stupid? You want the previous owner to warranty a used engine that you put into your car? Your anger should go towards the party that sold you a bad motor.
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Old 02-26-2007, 03:23 PM   #50
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I'm sure the courts would gladly realize it's ok that you wrote a bad check because a used car that was blown up when you bought blew up again when you boosted it having no idea what you were doing.

I'm here, I'm waiting. Stop raising all this BS and come sue me, but there's no need to continue with this.
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Old 02-26-2007, 03:37 PM   #51
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Originally Posted by supra441979 View Post
there is no need for all the foul stuff you guys are talking here and the check was cancel for $170.
Heh, probably a felony.


Quote:
I didn't tell you do depend on a check and now have any other funds to cover your personal charges (3 charges and try to charge other BS fees )you have and blame the check bouching.
Actually, it IS your fault as his financial difficulties and penalties occurred as a direct result of your unlawful conduct.

Quote:
The check was cancel due to the seller saying it has high idle and transmission is bad, but in fact the engine was bad too,trunk won't stay open, battery size of a tank renig to hell,all the trash that was in the car.
I can't comment on the engine situation. But it was your responsibility to check it out before the purchase. What was wrong with the original motor?

The other items are petty. You purchased a nearly 20 year old car, known to have mechanical defects.


Quote:
I basically replaced the whole damn car for it's worth. I could have bought a better car for damn $6000k grand total it's costing me and I sure don't have to work on it.
For $6000k I'll sell you MY perfect running 91, and warranty it for the next 10 years.
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Old 02-26-2007, 03:47 PM   #52
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Heh, probably a felony.



Actually, it IS your fault as his financial difficulties and penalties occurred as a direct result of your unlawful conduct.


I can't comment on the engine situation. But it was your responsibility to check it out before the purchase. What was wrong with the original motor?

The other items are petty. You purchased a nearly 20 year old car, known to have mechanical defects.



For $6000k I'll sell you MY perfect running 91, and warranty it for the next 10 years.
Ben, before sale, the motor was running fine, there were no problems. (EDIT: There was a vacuum leak, prob from intake manifold gasket. he was told about this and I have it in writing as well)
He contacted me asking about boosting, put everything back together. I recommended getting a bigger fuel pump, or wide band soon, as the climates were much different and it was cold as hell out here for my quick tune. Somehow, whatever he did, the motor blew up a couple weeks after he bought it. It was a new Motor, about 35k on it, pro installed by AIM tuning. There was nothing wrong.
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Old 02-26-2007, 04:43 PM   #53
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Originally Posted by symphonicreverb View Post
Ben, before sale, the motor was running fine, there were no problems. (EDIT: There was a vacuum leak, prob from intake manifold gasket. he was told about this and I have it in writing as well)
He contacted me asking about boosting, put everything back together. I recommended getting a bigger fuel pump, or wide band soon, as the climates were much different and it was cold as hell out here for my quick tune. Somehow, whatever he did, the motor blew up a couple weeks after he bought it. It was a new Motor, about 35k on it, pro installed by AIM tuning. There was nothing wrong.
what every I did? WTF I didn't do nothing, but to drive it like 5 miles ath the most.
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Old 02-26-2007, 04:43 PM   #54
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Originally Posted by Ben View Post
Heh, probably a felony.



Actually, it IS your fault as his financial difficulties and penalties occurred as a direct result of your unlawful conduct.


I can't comment on the engine situation. But it was your responsibility to check it out before the purchase. What was wrong with the original motor?

The other items are petty. You purchased a nearly 20 year old car, known to have mechanical defects.



For $6000k I'll sell you MY perfect running 91, and warranty it for the next 10 years.
you must be his buddy I don't appreciate smart *** comments and keep that stuff to yourself and thanks.
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Old 02-26-2007, 05:02 PM   #55
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This is getting ridiculous. Admins, I apologize for all this crap, could you lock the thread if possible? Chris, contact me if you want to bitch, stop trying to hurt my reputation.
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Old 02-26-2007, 05:11 PM   #56
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you must be his buddy I don't appreciate smart *** comments and keep that stuff to yourself and thanks.
I don't know you guys from a hole in the wall.

You posted something on a public forum. I think you're wrong. Deal with it.

Per what I believe to be the selling party's desires, I will respond no more.
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Old 02-26-2007, 08:02 PM   #57
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This is getting ridiculous. Admins, I apologize for all this crap, could you lock the thread if possible? Chris, contact me if you want to bitch, stop trying to hurt my reputation.
Brendon, I'm not bitching nor do I bitch. Admin yes close this thread and I apologize for all this. I have a comment on not knowing what I'm doing what I'm not, BTW the pilet bearing just fell off when i took the tranny out.
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Old 02-26-2007, 10:37 PM   #58
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Supra post a bad reivew in the section if you like, but yeah this is sold.
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