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Legal Question....

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Old 11-23-2004, 10:23 PM
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Exclamation Legal Question....

I purchased some new motors off a guy on OSO. They turned out to be total junk and they were not at all what the guy said they were. I paid for two running 500 hp + or - running long blocks. I specifically asked him if they were runners and if they had good oil preasure and so on. Of course all answers were yes.... He also said that he had the exhaust manifolds and would sell them to me as well. I was told that they were EMI's and that they were in good shape and only needed to be repainted.

Ok so they finally ship after some time but that was no big deal because as we all know I am in no rush for them at this time....

When they arrive I am a little worried but figure I will take them up to my builder and see what he says. Well Timmy took them apart and hear is the deal. Everything in these two motors is junk except for the castings of the heads (Merlins) and one of the cranks. Rods, other crank, blocks, valves, springs, you name it they are all junk. This guy TOTALLY misrepresented these things. The exhaust is also another issue as they were not EMI's they were Gills. Had I known that I would have never purchased them as I think that Gills suck. To add insult to injury one of them is totally cracked and they did a hack weld job on it.

The guy that sold this stuff to me does not seem to want to take it back. I have tried to be nice about it and get him to see things my way. He does seem willing to give me some of my money back but so far we are a LONG way away from were I want to be (all my money back).

What I am wondering is if I can take this guy to court on this. Is it worth it (would I likely win), and can I file in my state or do I have to file in his. These were shipped using Forward Air (freight co).

Thanks for the time and help
Jon
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Old 11-23-2004, 10:46 PM
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Default Re: Legal Question....

Without a written contract this is pretty much a civil case. $$$ for lawyer probably not worth it. However e-mails from the seller and you may hold up for criminal case. The bottom dwelling scum have absolutely no fear of civil suits. Can't get blood out of a turnip. However criminal fraud felony's are another story. Talk to an investigator in the sellers home city or county. Be persistent. It may take over A YEAR to even get charges filed. You will have to provide all documentation pertaining to the sale and an affidavit from at least two REPUTABLE engine shops with a good business history. Check BBB on YOUR references. You will have to call the investigator every week. You need to get him on your side to even pursue the case to point of even going to the prosecutor to bring charges. Was this seller in the Tallahassee area of the panhandle? If he was PM me and we can exchange phone # and discuss further. This is first hand experience. Joe Murray.
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Old 11-23-2004, 10:54 PM
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Default Re: Legal Question....

From a crimial atty's perspective, I can tell you that you would have a weak case. But if what you want is your money back, you need to go the civil route. Jurisdiction (what state to file in) depends on several factors but if you want to be able to enforce any potential judgment, I would suggest that you file in his state; i.e. where his assets are. Which court to file in also depends on the amount of $ involved. I strongly suggest you hire an atty to pursue it on your behalf. Good luck, it sounds like a real bum deal. BTW, out him if he doesn't do the right thing.
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Old 11-23-2004, 11:46 PM
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Default Re: Legal Question....

If he and I do not come to a agreement then I Will out him. As for now we are still talking and I still HOPE. I know that he will not want to give me all my money back so I am going for as much as I can.... The problem with MA is this is over the 3000 buck small claims limit. Not sure how much that matters.... As Fatdaddy has stated if I win and he does not pay then what good does that do me.... This just sucks no matter how you cut it. I try and do the right thing by people and hope that is what I get in return. I have had WONDERFUL luck buying things on this board. I guess it was just a matter of time. I will certainly be very gun shy from now on if I ever guy again....
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Old 11-24-2004, 01:08 AM
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Default Re: Legal Question....

Sounds like even if you get some of your money back it is still a forkin! What a shame. It's posts like this that scare alot of buyers! The boys are right. I bought a Procharger a few years back and went the court route and got a great forkin... guy changed addresses etc and I won the case and I am still without a Procharger. He went out of business(very small shop) and I was out over 3 grand..
After a while this dude got back into the business and I found out. I drove to his place and just about threatened to kill him, He remembered me and decided, while almost coming to tears, to sobbingly give me $1500. To this day I am still f*cking with the guy. I have a few friends that have made his life miserable. I guess I like to think out of the box and use every tool in the shed to get my $$$$. I have since moved from that area and to risk him getting crazy over the rest of the money and me maybe getting in real trouble I took the 1500 and forgot about the rest.... for now. Last I heard he was broke- d*ck anyway and son just got killed in a car wreck so I have since backed off...
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Old 11-24-2004, 01:20 AM
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Default Re: Legal Question....

Jon,
I hope it works out for you in the end. If this guy doesn't come clean with you then expose him on OSO so nobody deals with him again. Enough people on this board know who you are (and know you personally) ---that gives you alot of credibility.
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Old 11-24-2004, 07:22 AM
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Default Re: Legal Question....

I would call him and tell him three things:

1) Give me ALL my money back and I will ship, COD, the engines back to him

If he doesn't:

2) Out him on OSO

3) I'd make him "an offer he couldn't refuse". And I'm not kidding. I don't deal with lawyers and the legal system, no matter what we always get screwed by somebody.
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Old 11-24-2004, 07:56 AM
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Default Re: Legal Question....

out him
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Old 11-24-2004, 10:45 AM
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Default Re: Legal Question....

A friend of mine (fellow OSO member) bought 2 HP500's from someone on this board (who is also an OSO member) and it was basically the same deal as yours Jon!! He lost an entire boating season over this and an azzload of $$$ to make the engines run.


Jon,
Call me @ 202-224-5499....I'd love to know if it's the same guy I'll put you in touch with the other person if it's the same guy and maybe you can both nail him.

Craig
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Old 11-24-2004, 11:53 AM
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Default Re: Legal Question....

I had to resort to Old School tactics(personal appearance) to get anything back. He knew he couldnt get in much trouble so he screwed me.... The 1600 I left him with was by no means close to worth the amount of crap I put him through. It was the whole point of thinking he could screw with me. After doing "the right thing" for society.. I did the right thing for me.. and all it cost me was 10 bucks in gas.... as opposed to 2 grand in lawyer's fees to get nothing.
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