is it a fraud???

[drift213]

my cousin traded his coupe for a hatchback (we didnt test the car they trusted in eachother word).... right the next day the hatch wen i went to test drive it i felt lagg. the turbo had shaft play we replaced it, we bought an aftermarket fuel pump walboro and i looked inside the tank and it was dirty as f^(& there was all kinds of rust...we put a new gas tank and had to clean the injectors and buy a new fuel filter... ok we were all good he registers it and now 3 weeks after the other stupid guy (he went form honda to nissan) calls him and teels him he is going to take him to court because he blew the engine (the other car had upgraded t28bb and we told him he needed injector just to be safe) so he said he was going to take him for FRAUD so wtf???? the car left running from my cousin garage whatever way he drove was his problem. so what you guys think??

[ALTRNTV]

If you're even questioning if it's fraud, more than likely it is.

[shiftdrift]

no it's not. he blew it up not your cousin, 3 weeks later.....nothing he can do about it. my friend bought a car and it blew up THAT night, nothing he could do.

[DALAZ_68]

ask a lawyer?

[drift213]

thats the same thing im saying. like WTF..the reason why i asked is because the cars is under my aunts name and she is going to have to go and gets me so pissed of i feel like going and slapping the sh!t out of that foo
no it's not. he blew it up not your cousin, 3 weeks later.....nothing he can do about it. my friend bought a car and it blew up THAT night, nothing he could do.

[TheWolf]

after the first sentence.. I gave up trying to read that jibberish...

English as a foreign or second language - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English_as_a_Foreign_or_Second_Language)
Start there.

No lawyer is going to take this case. 2 idiots traded cars and one guy got the short end of the stick. *surprise* Now is "going to sue".

All talk. He'll probably just steal his car back and part it out.

[aznpoopy]

has nothing to do with time elapsed after sale, usually a warranty condition. no warranty in private sales/trades, all are generally as-is sales, unless you decide to offer one. irrelevant anyway, as warranty is basically unrelated to fraud.

fraud elements vary by state. but generally you have to make a material misrepresentation or conceal a known hidden defect, which invariably causes some damage or loss.

so... did you lie to him or purposely hide a fuck up you knew about? if not, you probably did not commit fraud. it certainly sounds like you did not, since you told him it had a whatever turbo on it and 'needed injectors to be safe.'

but it depends on what he says... because demonstrating that to the court is a difference story. without documentation it'll be your word against his in small claims. that's why you generally want to get terms of a trade/sale of something like a car in writing, preferably signed by both parties.

[NINJASPY]

just finish all the paper work to get the car under the right names. And release liability for the other car.

no lawyer is going to take the case if there is no money to be made. at most its going to go to small claims court, and its pointless if the titles were signed over and changed over. Once you sign, you can't UNSIGN.

[PRADOgy]

He is going to spend more on an atty then to get the thing rebuilt.

[Future240]

Google is a wonderful resource, read up

Other Laws that Cover Used Cars in California | Lemon Justice (http://www.lemonjustice.com/lemon-law/CA_other_lemon_law.php)
California Used Car Lemon Law | Used Car Lemon Law CA (http://www.lemonjustice.com/lemon-law/CA_lemon_law_used.php)

seems neither car would fall under lemon law.

[drift213]

our cars are 20 years old cant do nothing about it
Google is a wonderful resource, read up

Other Laws that Cover Used Cars in California | Lemon Justice (http://www.lemonjustice.com/lemon-law/CA_other_lemon_law.php)
California Used Car Lemon Law | Used Car Lemon Law CA (http://www.lemonjustice.com/lemon-law/CA_lemon_law_used.php)

seems neither car would fall under lemon law.

[drift213]

UPDATE: now this idiot says that he is not going to take my cousin to court no more!!! but he owns my cousin $600 and he dont want to pay so if anything my cousin is going to take him to court now i guess PAYBACK IS A BITCH

[lucky7]

stupid thread, is stupid.

nobody is going to court over $600..
some guy bought a recaro seat from me this morning and he wanted a receipt. "one recaro car seat (blue). sold as-is, no expressed/implied warranty." the end. if he breaks it unloading it from his car, i don't care. he took ownership and is now responsible for any and all damages. it was in good working condition when he agreed to buy it, and the deal was done in good faith.

[hOngsterr]

small claims! lol

but either then that should of written on paper trade as is.

soo no bitching.

[Subaru]

no its not it was upon the agreement, not shit that he could do

[kushlivin]

Fraud? Yea right, a used car sale done between two private parties is considered an "as-is" sale, therefore it doesn't matter if he blew the motor and hour after the deal because you don't know if the guy was redlining the shit down the street like a ricer anyway, it's a done deal.

[miravete]

take it to the peoples court and tell us when itll be aired.

plus i think you get like 50bucks for having your case on the air. lol

[aznpoopy]

stupid thread, is stupid.

nobody is going to court over $600.

small claims court. people do it all the time.

Fraud? Yea right, a used car sale done between two private parties is considered an "as-is" sale

"as-is" does not cover fraud.

[g6civcx]

aznpoopy, are you charging these people for the legal advice?

[aznpoopy]

no, lol.

but in all seriousness, threads like this one helps me understand why people absolutely need lawyers.

[Acsey]

Did you guys sign a "bill of sale"? You could have made one up yourself stating that this was a "as is" sale and there is no warranty. So if this stuff does happen, you have his signature stating that he knows that this was a "as is" sale. I do this every time i sell a car. CYOA!


Take the $600 as a loss and a lesson next time, because even if you are awarded the $600 in small claims, does not mean you can collect it right away. it just means that the judge ruled that he owes you money... it is now your job to collect it, and in past experience.....good luck.

[g6civcx]

but in all seriousness, threads like this one helps me understand why people absolutely need lawyers.

Everyone needs lawyers. Even lawyers.

You get a competitive advantage so I don't understand why anyone would turn down legal representation if money is not an issue.

[g6civcx]

even if you are awarded the $600 in small claims, does not mean you can collect it right away. it just means that the judge ruled that he owes you money... it is now your job to collect it, and in past experience.....good luck.

You get a piece of paper you are entitled to the money. Whether they want to pay you or not is a different story.

There is very little you can do with $600 since the fees to collect the money will be more.

[kushlivin]

small claims court. people do it all the time.



"as-is" does not cover fraud.
If that was ever taken to court fraud wouldn't even be brought up because it was a private sale of a used car, You as a potential buyer of a used car from a private party should already know what to look for b4 u drive the car away, if papers were signed its an as- is sale, u cant get your money back for buying a used car from a private party, NEVER...:duh:
Don't worry that guys reason for fraud will not hold up in court.

And as for getting a lawyer, its a $600 case, you can't be represented in small claims by an attorney LOL!

[aznpoopy]

Everyone needs lawyers. Even lawyers.

You get a competitive advantage so I don't understand why anyone would turn down legal representation if money is not an issue.

i'm just amazed at how misperceptions on law are so widely held they become something bordering on faith.

look at the whole bit of as-is and fraud. i've explained that as-is does not cover fraud twice in this thread already (three times if you count this post).

and yet, there will always be yet another guy coming out of the woodwork who is absolutely positive as-is means you can't sue for fraud.

If that was ever taken to court fraud wouldn't even be brought up because it was a private sale of a used car, if papers were signed its an as- is sale:

thanks for proving my point.

as-is is just a disclaimer of warranty. that doesn't include outright lies and deception, aka fraud.

And as for getting a lawyer, its a $600 case, you can't be represented in small claims by an attorney LOL!

who the hell said anything about getting an attorney for small claims? jesus. kill me.

[kushlivin]

^^^ so if i sell u a beat up 240 and say it runs beautiful and your dumb enough to believe me, sign a bill of sale, drive it away and u call me later that night saying you blew the motor, That aint my fault or fraud, Your the dumbass for not diagnosing potential problems like that b4 buying a used car from a private party. C'mon dude theres ppl on here who have been through the bs already

[aznpoopy]

^^^ so if i sell u a beat up 240 and say it runs beautiful and your dumb enough to believe me, sign a bill of sale, drive it away and u call me later that night saying you blew the motor, That aint my fault or fraud, Your the dumbass for not diagnosing potential problems like that b4 buying a used car from a private party. C'mon dude theres ppl on here who have been through the bs already

read what fraud is please
http://zilvia.net/f/off-topic-chat/323338-fraud.html#post3456270

[kushlivin]

no, lol.

but in all seriousness, threads like this one helps me understand why people absolutely need lawyers.

read what fraud is please
http://zilvia.net/f/off-topic-chat/323338-fraud.html#post3456270

Im not argueing this anymore i know im right on this issue, ive been through it, To the OP post what happens down the line, cus im 100% this guy wont do shit cus he does'nt have a case to begin with.:faint::faint:
U guys both traded on good faith w/o checking out the cars as-is, so thats fraud LOL????

[aznpoopy]

good for you.

i went through 3 years of law school, took the bar in two states and am an admitted attorney.

did you even read my post? i pretty much said the guy has no case for fraud in the very first post i made in this thread.

what pisses me off is people thinking as-is sales disclaims liability for fraud, which is WRONG WRONG WRONG. if that was so, used car salesmen would pretty much get off 100% of the time for odometer fraud. jesus

FUCK

[kushlivin]

^^:kiss:^^
-I hate monday's

[kushlivin]

what pisses me off is people thinking as-is sales disclaims liability for fraud, which is WRONG WRONG WRONG. if that was so, used car salesmen would pretty much get off 100% of the time for odometer fraud. jesus

FUCK
Yea but that used car sales guy works for a company, therefore yes he has rules and guidelines to follow making it easier to make a case because there could be special warranties involved, now your neighbor trying to sell his car w his forsale sign in the window would be nearly impossible to call fraud on because that is a truely private sale, especially if you already drove the car home w a rod knock..:down:

[TurboSE]

I sold a set of Axis rims with tires...the kind the need the valve stem extension to be filled at a gas station. I handed him the extension and 50 cents and told him to fill them before he used them. The kid wanted to drive home on them, he didn't fill them and drove on them for 2 days. The next day one of the tires blew on a bridge and nearly killed his friend (I felt very bad for the friend). Both families threatened legal action, but my lawyer said, due to my actions and warnings and the presence of my witnesses, it was on the buyers head, not mine.

[aznpoopy]

Yea but that used car sales guy works for a company, therefore yes he has rules and guidelines to follow making it easier to make a case because there could be special warranties involved, now your neighbor trying to sell his car w his forsale sign in the window would be nearly impossible to call fraud on because that is a truely private sale, especially if you already drove the car home w a rod knock..:down:

has nothing to do with special warranties... as-is pretty much means no implied warranties. doesn't matter if you work at a shady car lot or if you're selling your car off your driveway. the only difference is private party will probably be presumed to be "as is" while the shady salesmen will have a standard form bill of sale that states "as-is."

the distinction between as-is and fraud is really simple.
"as-is" means sellers are allowed to be mistaken, or unknowing. caveat emptor.
but fraud liability means sellers are not allowed to outright lie.