Seeing as how I just bought a car that is considered Salvage, I had to get the carfax report myself. I was told that it had not been in an accident. Well things turned out different and I have only had it for only one week and it is completely toast. Do not trust him as he is probably gonna rip you off. I now cannot sue him or go to him for my money back as he sold me a car in his fathers name so now I'm going to sue his father for the money plus legal fees.
hope his dad has the money. And if anyone knows him and a way to contact him it would be much appreciated as I have been lied to and am now trying to avoid court but am left with no other alternative.

Whoa! Have you tried contacting him? Have you done anything to come to a resolution?

Yes I have

In Danny's defense, he did not know that the vehicle was salvaged if indeed it was. And if that was the case shouldn't you have done your homework before purchasing the vehicle?

You were told that the vehicle was sold AS IS. That means whatever problems you encounter after you drive the car away are YOURS not his.Even if it was involved in an accident, private sellers are not obligated to say so. Dealerships are.

Which brings me to my next point. If it was salvaged, shouldn't the ownership say so? It sounds like you did NOT do your homework and jumped all over this car for whatever reason and now that you are stuck with it, you are trying to after whatever measures you can get away with. Do what you will, but don't go bad mouthing the guy. He is a good friend of mine and he's also had good dealings with a lot of people on this board and they can all vouch for him.

Nope sorry law is on my side here my lawyer says this is an open and shut case thanks for your input though. And Sarge is it I assume you know him so let his dad know that ill see him in court. The only thing is its an american car so the word salvage would have been on the american title. And i have proof of salvage title so it was salvaged thanks for trying to cast doubt.
But dont worry when I buy my next car Ill demand a carfax report from the owner before I purchase.

Ryan,


I hope your proof is more than just that carfax report, as I don't believe they are accurate 100% of the time....and I DO believe that when you buy "as is" you take your chances. I think your lawyer is sadly mistaken if he thinks this is "open and shut", as you would need to be able to PROVE that he KNEW of the status of the car...so unless your lawyer can do a vulcan mind meld or something, I think you are throwing good money after bad....but best of luck to both of you...

I think it would make a lot more sense to talk reasonably than all these empty threats of lawyers. Let's face it, the lawyer would cost you as much or more than you paid for the car....

I tried to talk reasonably he told me to take him to court. and my other proof is the car itself. THe damage isnt on the skin, its underneath. I would have had torn the car down before i bought it to see the seriousness of the issue. And as his brother is a body man I'm pretty sure he knew.

"pretty sure he knew" won't stand up in court...you have to PROVE he knew....

Posts like this be written in notepad, saved and then re-considered after a day or 2. In the heat of the moment, slandering his name may have been the best thing to do, however if he was your boss, and your boss didn't give you that raise you wanted, cheap bastard yada yada yada, you wouldn't fire off a company wide email stating that.

Make sure you get your facts straight about everything. It's not what you know, what you think you know, what you think he knows or could have known or should have known, it's what you can PROVE.

Take him to court... sure, however you better be ready for the repercussions in things don't go your way. Defamation of his name is not going to bring you a resolution. As Manuel stated, he's a reputable member here and has had lots of good transactions on here.

As is is As is, you should have done your homework before buying the car. Personally, I wouldn't buy an "AS IS" car before having a good look at it, and if I wasn't sure, I would have brought someone who would know where to look.

Ryan, is there anything besides the carfax report that says this vehicle was a US vehicle and was salvage? I don't trust those carfax reports. I have heard of people who have owned their cars for 15 years and when they run a carfax it says it was salvage 5 years ago in the US.

As I understand it, that car had about 10 previous owners, and all of them were in Ontario. I would be interested to know if anything BESIDES the carfax says this car is salvage or a US car?

I know Daniel, and I have spoken with him about this car, and I KNOW he had no knowledge of any problems with the car....

How exactly can you know that someone else does or doesn't know something? Vulcan mind meld?

No offence guys, but if you're not directly involved you really ought to stay out of it. Let Daniel come and defend himself if he so chooses.

Good point...and a good laugh...

So now your saying because he says he had no knowledge that the car was in an accident that suddenly clears him of all wrong doing and that if I went to sell this car and denied the fact that I knew the car was in an acident I can be held legally responsible how is that fair. He didnt provide me with a uvp which is the sellers responsiblility(legally). And because of that fact alone I took him at face value because of what you guys already thought about him. I based my buy on that and look where it got me. Also the Odo has been rolled back which was not told to me. Federal offence that one is, its considered fraud nowadays to sell a car that has had the odo rolled back and to sell the car as having that many k's.

Sorry Ryan, but whatever you're saying will not stand up in court. Whether you can prove he knew or not...BTW: odometer inacurrancies can be clerical errors as well.

You are taking your chances when you purchase a used car privately...and on top of that...AS IS. I don't know whether you purchased it AS IS or Certified + E-tested, but the fact of the matter is nothing you say will stand up in court. I'm just trying to help you out...you'll waste your time and your money.

Here is what AS IS is defined by Ministry and OMVIC Standards (taken off a Used car dealership bill of Sale)

VEHICLE SOLD "AS IS":

I agree that if the appropriate space below is initialled by me, the vehicle is sold "AS IS" and is not represented as being in a road worthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transport and may require substantial repairs at my expense.

Sometimes its better to realize your mistakes and move forward.

Hope that helps.

Thank you for clarifying what "AS IS" means Moe. Maybe Ryan will understand now.

In any case I think it's time I spoke. I would appreciate it if you stop making false accusations about me Ryan. In regards to the odometer, did I not tell you before you purchased the car that the 6 bolt JDM motor was put in by a fellow dsm board member which I bought this talon from and that the mileage was rolled back to match the motor? You were fine with it before but now that the car according to your words is "toast" all of a sudden it becomes a huge issue. And you also accuse me of not telling you the vehicle was salvaged? I'll say it again nice and slow so you can understand: I DIDN'T KNOW.

You want to take me to court then go right ahead but stop posting bullshit about me here and accuse me with your speculations. You want to waste your money on lawyers and what not go right ahead makes no difference to me.

Daniel

EDIT:I'm done talking here I'll see your father in court

Ryan, I will give you a piece of advice whether you want it or not. Of course, you are free to do whatever you want, but I believe I have heard 99% or better of the facts in this case, and my recommendation would be to take the money you are going to spend on legal fees and buy lottery tickets with it. You have a better chance of winning in the lottery....

With all due respect, in a civil proceeding the Complainant (in this case, Ryan) does not have to PROVE anything beyond a reasonable doubt. This isn't a criminal trial. He only has to establish a 'Cause of Action' (eg. negligence, breach of contract, etc.) against the defendant (in this case, Dan) and demonstrate that Dan should be held liable or is vicariously liable (responsible while acting on behalf of another... in this case, his father). Proof helps, but it isn't completely necessary. At the end of the day, everything depends on the judge's discretion anyways.
Ultimately, is it really worth it? I've always considered civil court to be a waste of time (aside from compensation for injuries requiring medical care). Even if you do win, Ryan, there's no guarantee you'll ever recieve your money.




Dan D. (fellow DSMer, Crim. Justice major, and noob on probation)

Proving "beyond" a reasonable doubt or not....he's got no case (although I understand you're just trying to guide him). And if he thinks he does....he better be prepared to wait about 2 yrs before his case is heard.

You are correct that he does not need to prove "beyond reasonable doubt", but he DOES need to prove...and I forget the legal wording...but he needs to PROVE a STRONG likelihood..
And the burden of that proof is still on the plaintiff, not the defendant. Proof is STILL necessary.

Ziggy, you are correct. He's got to have SOMETHING to prove that his case is not completely fabricated, it just doesn't have to be a smoking gun is all I was saying.
I don't profess to know what the law states pertaining to vehicle transfers, and I don't particularly care. I would assume if there was a contract and it was breached, end of story. Without a contract, no case (unless the 'lemon' law applies in this province... but even that has specific criteria that must be met).
Anyhow, that's my $.02...
I've never been on a site before where they have this sort of thing (good guy/bad guy). It's a great idea and been an interesting read. I've even seen some guys on here that I know!

When shooting the sh!t with Daniel back in Summer 06. He did not mention at any point that the car was a salvage or that even he fixed it up from a wreck.

I'm not putting up my back for him or anything. But he seemed throughout our conversations to be straight up and honest.

Seems like this is a serious shitwind.

N

IF that car was salvage, it was in the first year of it's life (late 1990's) in Michigan. Since then, it has had 9 or 10 owners, all in Ontario, and the car is not branded as rebuilt in Ontario...how should he have known? And I am guessing none of the other 9 or 10 Ontario owners knew either, and they all drove it without issues. Funny that almost overnight, it is "toast"...

Hmmm....True... Your Girlfriend didn't drive it did she?

N

Or did the mechanic have it fall off his hoist??

The mechanic didnt have it fall off his hoist.

While this IS some interesting conversation, Dan A. hasn't posted anything in 2 weeks. Ryan hasn't really updated anything about the transaction, so I'm going to close the thread.

If Ryan, or Dan wish me to re-open it, please, let me know.