Factory Roush Mustang vs. Roush Clone--Buyer Beware?

[Rachael427R]

Maryland

I recently purchased a Roush 427R Mustang from a private seller. He advertised it as a factory Roush (purchased as stock GT then sent to Roush for factory conversion) and titled it as a "Mustang Roush 427R" on the bill of sale. Turns out it is not in fact a factory Roush (missing badges and serial numbers), but rather he purchased all the top of the line Roush parts and had a mechanic do all the work. So in other words, I purchased a Roush clone under the pretense it was factory. I believe it is false advertising to call a Roush clone a "Roush 427R" without mentioning the word "clone" or "replica". Technically it is not in fact a Roush. I wouldn't have paid as much for it if it was advertised as a clone. Do I have a case, or is this a case of "buyer beware"?

 

[Mass_Shyster]

Was this advertized as a "Factory Rouge" or as a "Rouge 427R"?

If it was advertized as a "Factory Rouge" and it is not, in fact, a "Factory Rouge", you *may* have a case. Alternately, if a "Factory Rouge" generally sells for $100,000, and a "Rouge Clone" generally sells for $5,000, you probably won't prevail if you paid $5,000 for it.

This is where you have to argue in court over the definition of the description of the item advertized. There's no bright-line laws. It's an issue of fact, and only a jury (or fact-finding judge) can make that call. It could go either way.

 

[Rachael427R]

Was this advertized as a "Factory Rouge" or as a "Rouge 427R"?

If it was advertized as a "Factory Rouge" and it is not, in fact, a "Factory Rouge", you *may* have a case. Alternately, if a "Factory Rouge" generally sells for $100,000, and a "Rouge Clone" generally sells for $5,000, you probably won't prevail if you paid $5,000 for it.

This is where you have to argue in court over the definition of the description of the item advertized. There's no bright-line laws. It's an issue of fact, and only a jury (or fact-finding judge) can make that call. It could go either way.

In the online add as well as several magazine articles (which I have possession of) he claimed he had it built at the Roush Factory which would make it a "Factory Roush". It says "Roush 427R" on the bill of sale. But just because it has all the Roush parts and looks like a Roush does not make it a Roush. It is a Roush clone. Some preliminary research indicates that cars similar to mine that are factory are selling for about $35,000. I bought it for $24,000. I would have offered even less if I knew it was a clone. The thing with factory Roushes is that they will appreciate in value over time. A Roush clone will depreciate in value. I spent more than I was willing thinking I was getting a car that was more valuable and would appreciate in value.

 

[TheGeekess]

Maryland

I recently purchased a Roush 427R Mustang from a private seller. He advertised it as a factory Roush (purchased as stock GT then sent to Roush for factory conversion) and titled it as a "Mustang Roush 427R" on the bill of sale. Turns out it is not in fact a factory Roush (missing badges and serial numbers), but rather he purchased all the top of the line Roush parts and had a mechanic do all the work. So in other words, I purchased a Roush clone under the pretense it was factory. I believe it is false advertising to call a Roush clone a "Roush 427R" without mentioning the word "clone" or "replica". Technically it is not in fact a Roush. I wouldn't have paid as much for it if it was advertised as a clone. Do I have a case, or is this a case of "buyer beware"?

In the online add as well as several magazine articles (which I have possession of) he claimed he had it built at the Roush Factory which would make it a "Factory Roush". It says "Roush 427R" on the bill of sale. But just because it has all the Roush parts and looks like a Roush does not make it a Roush. It is a Roush clone. Some preliminary research indicates that cars similar to mine that are factory are selling for about $35,000. I bought it for $24,000. I would have offered even less if I knew it was a clone. The thing with factory Roushes is that they will appreciate in value over time. A Roush clone will depreciate in value. I spent more than I was willing thinking I was getting a car that was more valuable and would appreciate in value.

So why did you not check out the badges and serial numbers before signing any paperwork and handing over a check?

Enjoy your car.

 

[Rachael427R]

So why did you not check out the badges and serial numbers before signing any paperwork and handing over a check?

Enjoy your car.

At the time I unfortunately took the sellers word for it and did not realize there were serial numbers and badges. It was only after I had not received the paperwork the seller promised me that I started doing some research and realized the car was missing all the details that made it authentic. I don't know if this fact ruins my chances for winning a case or not. The fact is, I contacted Roush and they told me that "the vehicle is not considered a Roush" even if it has all the official Roush parts on it. On the bill of sale I purchased a car titled as a "Roush"--and according to Roush Performance, this is not a Roush. It is not their product. Is that not enough to claim fraud or misrepresentation?

 

[Mass_Shyster]

cars similar to mine that are factory are selling for about $35,000. I bought it for $24,000. I would have offered even less if I knew it was a clone.

What you would have offered is irrelevant. What is relevant is the market value of the clone. Your damages can be calculated as the difference between what you paid, and the value of what you received. If the value of your car is $23,000, your damages are only $1,000 - probably not worth suing over.

In order to prevail in court, you will also need to convince the judge (or jury) the value of the vehicle.

You may also want to contact Roush Performance and let them know someone is ripping off their work.

 

[You Are Guilty]

Given the enormous number of badges on a Roush (see, e.g., "Badges are essential in letting the world know you’re driving something special, and all the Roush editions come with plenty. There’s Stage-specific badging for the grille, decklid and dash, a numbered underhood badge, special R fender badges, and a faux fuel-cap badge. Inside there are embroidered floor mats and a Roush console lid button. Jack Roush signature graphics on the dash and rear decklid and a Roush windshield banner round out the package." - C&D from this summer), I'm not how you can claim you looked at the car and thought that it was legit. The lack of a serial number alone proves it's a clone.

http://www.roushperformance.com/blog/2008/07/how-to-spot-an-authentic-roush-vehicle/

Once you factor in the cost, meh. "Loss of anticipated future profits" is going to be a hard row to hoe even if the numbers were in your favor.

 

[swalsh411]

I spent more than I was willing thinking I was getting a car that was more valuable and would appreciate in value.

Cars are not appreciating investments. That was your first mistake.

 

[Rachael427R]

Cars are not appreciating investments. That was your first mistake.

There are plenty of collectible cars that appreciate in value after time. The value decreases once you drive it off the lot, but after time, cars become historic (after 25 years) and collectible. Look at Shelby's. Classic muscle cars (like Mustangs--the car I'm talking about) definitely have a history of increasing in value. You can't tell me that my dad's 65 Mustang was worth $70,000 back in the 60's. I'm talking about a collectible car here, not a stock Mustang.

 

[Dave1952]

Roush makes limited production up-grades to the Mustang. You state that the seller purchased a Mustang and sent it to Roush. Have you checked with Roush? If they did the work then, likely, they'll know your car. A letter from them confirming your car as a Roush may be all you need.
If the seller lied then you are in a tough spot. You'll need a lawyer to deal with this mess and that will eat up your money. I'm assuming here that the car is in good shape and you wish to rescind the sale. If that's not the case then what do you want?

 

[Rachael427R]

Roush makes limited production up-grades to the Mustang. You state that the seller purchased a Mustang and sent it to Roush. Have you checked with Roush? If they did the work then, likely, they'll know your car. A letter from them confirming your car as a Roush may be all you need.
If the seller lied then you are in a tough spot. You'll need a lawyer to deal with this mess and that will eat up your money. I'm assuming here that the car is in good shape and you wish to rescind the sale. If that's not the case then what do you want?

I did check with Roush. They have no record of my car. The dealership also confirmed that the car was never sent to Roush at the time of purchase. The dealership recognizes that I was taken advantage of because they know the seller lied to me. Roush does not recognize my car as a Roush but rather a modifed GT with aftermarket Roush retail parts. I love the car and still want it, but I just learned that Len Stoler (the dealership the car was purchased from) has appraised the car as being worth $18,000 (I paid $24,000). I want the difference and then some.

 

[Dave1952]

Sorry, I don't think that will happen. If you must, buy an hour's worth of advice from a lawyer. Perhaps have him write a letter. In the end I think you'll get no where. Good luck

 

[TigerD]

Sorry, I don't think that will happen. If you must, buy an hour's worth of advice from a lawyer. Perhaps have him write a letter. In the end I think you'll get no where. Good luck

I don't know about that. The Maryland small claims limit is $5,000. If the OP brings a small claims suit for $5k, he will forfeit the extra $1,000, but has a chance of winning with an appraisal of the car by the dealer, the statement by the dealer that the seller lied, the letters from Roush, and the original advertisement.

I don't think the case is going to interest anyone but a new attorney - there is no money there. But small claims could work. If it doesn't the OP is only out a few bucks. Of course, winning and getting paid are two very different matters.

DC

 

[Rachael427R]

I don't know about that. The Maryland small claims limit is $5,000. If the OP brings a small claims suit for $5k, he will forfeit the extra $1,000, but has a chance of winning with an appraisal of the car by the dealer, the statement by the dealer that the seller lied, the letters from Roush, and the original advertisement.

I don't think the case is going to interest anyone but a new attorney - there is no money there. But small claims could work. If it doesn't the OP is only out a few bucks. Of course, winning and getting paid are two very different matters.

DC

I agree, with the appraisal, statement by the dealer, emails from Roush, original advertisement as well as the falsified bill of sale, I think it's clear I am owed something. Not to mention fraud is a crime and I don't want this guy to get away with it.

 

[justalayman]

Was this advertized as a "Factory Rouge" or as a "Rouge 427R"?

If it was advertized as a "Factory Rouge" and it is not, in fact, a "Factory Rouge", you *may* have a case. Alternately, if a "Factory Rouge" generally sells for $100,000, and a "Rouge Clone" generally sells for $5,000, you probably won't prevail if you paid $5,000 for it.

This is where you have to argue in court over the definition of the description of the item advertized. There's no bright-line laws. It's an issue of fact, and only a jury (or fact-finding judge) can make that call. It could go either way.

I bet you are red faced (like in the English translation for rouge) or are definitely not a car guy.

Roush, not rouge.