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used engine failed with 150 miles on it now seller is threating me

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brian1

Junior Member
What is the name of your state (only U.S. law)? Georgia

I purchased a used motor from a company that advertises a 120 day warranty on all parts sold. ive had said part for 2 months. the part failed. the guy is not telling me no warranty because my car is a "hot rod" and that if I call my credit card company he will call the cops and report me for felony fraud and also expose to everyone on the forums of a prior arrest I had 10.5 years ago. can he do this? what recourse do I have. im in Georgia

the issue was present 2 weeks. I would have never known the product was an issue until it was installed and ran.


here is what he said to me in a facebook post....

you do a charge back. They contact me. I send them my evidence. 1. warranty void if the engine is modified. That alone is case closed. but I will also send them pics of your engine build, car, screen shots of you talking about it, driving it 150 miles, tuning it, and then having an issue and trying to return it. that's going to be case closed. But in the mean time. I call my lawyer, and he presses charges for felony fraud. And when the charge back is denied, then its the DA's decision whether or not to prosecute for the attempted fraud. That's when I post the situation on facebook, along with your prior conviction. And its a huge **** show. both ways.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Georgia

I purchased a used motor from a company that advertises a 120 day warranty on all parts sold. ive had said part for 2 months. the part failed. the guy is not telling me no warranty because my car is a "hot rod" and that if I call my credit card company he will call the cops and report me for felony fraud and also expose to everyone on the forums of a prior arrest I had 10.5 years ago. can he do this? what recourse do I have. im in Georgia

the issue was present 2 weeks. I would have never known the product was an issue until it was installed and ran.


here is what he said to me in a facebook post....

you do a charge back. They contact me. I send them my evidence. 1. warranty void if the engine is modified. That alone is case closed. but I will also send them pics of your engine build, car, screen shots of you talking about it, driving it 150 miles, tuning it, and then having an issue and trying to return it. that's going to be case closed. But in the mean time. I call my lawyer, and he presses charges for felony fraud. And when the charge back is denied, then its the DA's decision whether or not to prosecute for the attempted fraud. That's when I post the situation on facebook, along with your prior conviction. And its a huge **** show. both ways.
Take the threatening post to the police and file a complaint against the seller. Have an attorney send him a letter threatening civil action if he does not make good on the warranty. File a civil action against him if the matter cannot be resolved out of court.
 
Last edited:

brian1

Junior Member
Did you modify the engine?
no the engine is untouched

my car has a turbo on it. it came factory with a supercharger.

it has a start up tune in it so it would crank and run

it started to knock a few days after I installed it. I thought it was the exhaust and moved some parts of the exhaust. the noise seemed to go away. then yesterday it got really bad and that is when I called the seller.

the seller is a business
 

brian1

Junior Member
...
Today




Brian Svt Cobra


7:11pm
Brian Svt Cobra
just following up with you because I have not heard from you all day.

Parts Farm
7:13pm

Parts Farm
I have a 60k mile car coming in tomorrow. I crunched the numbers and I can sell you The long block short block for 3700. I will credit you 1500 for the junk one that you bring back.

I will do 3500 on the long block. So bring yours back and 2000

I only have one cobra engine right now.; Not 7 like I had when I sold you that one for so cheap. I would be taking my only engine apart. I have a guy wanting it for $6250, so if I let you have the long block, I am killing that deal.
Brian Svt Cobra
7:17pm

Brian Svt Cobra

well this motor is not out it will be a week or 2 before I have time to remove it. not to sound nuts but if I bring you this motor you can part it out for 2k or so. especially with the 9 thread heads for 1k and the crank and rods and pistons for another $750 block for $250.

id rather just take the 1500 and fix this one.

Parts Farm
7:18pm

Parts Farm
I am betting the bottom end is junk

I have know now that wss knocking. The heads are shot, crank is shot, rods no good

Well if you are that confident in the prices of the parts. Sell the long block you have and buy this one for 3700

Brian Svt Cobra

7:20pm

Brian Svt Cobra

well like i explained earlier. it would be easier to get this one rebuilt with new rings and bearings, fix the crank and with machine shop labor and such it will be at least 1500. maybe more

Parts Farm
7:20pm
Parts Farm
no according to your math on the parts, it would not

Brian Svt Cobra

7:21pm
Brian Svt Cobra
its not that i don't want to buy the one your offering for a fair deal

Parts Farm

7:21pm

Parts Farm
as far as selling yours

Brian Svt Cobra

7:21pm

Brian Svt Cobra

i don't wanna sell it.

Parts Farm


7:21pm




Parts Farm



those prices you gave are too high




.

...




Brian Svt Cobra


7:21pm




Brian Svt Cobra



i want to fix it




.

...




Parts Farm


7:21pm




Parts Farm



If that motor is knocking, I bet you open it up and its hurt




.

pistons rashed, crank scoured




.

...




Brian Svt Cobra


7:21pm




Brian Svt Cobra



well you sell this stuff more than me so perhaps my prices are wrong




.

...




Parts Farm


7:22pm




Parts Farm



block 150-200 but they never sell. - crank 350-400 IF its good. rods and pistons IF they are good 350-400, I have 4 sets of heads right now, I cant sell them at hardly any price. If its knocking I bet there is deotation in the heds.




.

i bet you that if you bring that long block to my shop, and we tear it apart you will see strong signs of deotation




.

pistons rashed.




.

...




Brian Svt Cobra


7:23pm




Brian Svt Cobra



if you do the 1500 then you wont have to worry about this new motor.




.

i took a bore scope to it and the plugs look great. the tops of the pistons look great.




.

i haven't even drained the oil yet.




.

...




Parts Farm


7:24pm




Parts Farm



And you don't think the knock is an exhaust leak




.

why don't you draint he oil and look at the oil. see what it looks like




.

...




Brian Svt Cobra


7:25pm




Brian Svt Cobra



not at all. we put ears on it and it appears all bottom end. hell i was just hoping at first that a rocker jumped off but you cant really hear any noise in the valve covers




.

im gonna try and pull the motor not this weekend but the weekend after next. i work all the time and i just got home.




.

look i really appreciate you trying to work this out. that says a lot about your business character. but i really just want to try and have this one fixed. the 1500 probably wont cover the fix at all but at least ill have a fresh motor that i know will be good.




.

...




Parts Farm


7:28pm




Parts Farm



I asked around and i got a unanimous NO when I presented this situation to other sellers.




.

...




Brian Svt Cobra


7:32pm




Brian Svt Cobra



think on this a little more please. id rather just take the money and rebuild this one. im sure your mad at me and don't want to deal with me anymore which sucks. but i don't want it to be this way. just think on it and please lets see if we can do the 1500.




.

...




Parts Farm


7:32pm




Parts Farm



mps, midway, mv, all feel same way i feel. You drove it a logn way with no tune and a huge turbo. Even if it was just a turbo alone. Did you think i was going to warranty that when you bought it? Knowing your last engine made 1000 hp? What were you trying to make with this one? a bone stock motor?




.

...




Parts Farm


7:33pm




Parts Farm



As asked them, and i stated the facts




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...




Brian Svt Cobra


7:34pm




Brian Svt Cobra



i only wanted to run 15psi max on this motor. no race tune. my goal was not a # but a reliable car that was fun to drive




.

im tired of dumping money into this car honestly.




.

...




Parts Farm


7:34pm




Parts Farm



sold long block. put turbo on it. publicly stated that you drove it 150 miles before tuning it. get on the dyno and now it knocks




.

YOu will NEEVR have a reliable car with that turbo setu. ever




.

...




Brian Svt Cobra


7:35pm




Brian Svt Cobra



it had a tune in it. it was not "unturned" bob set the timing at 15 degrees and have a 3k rev limiter on it




.

...




Parts Farm


7:35pm




Parts Farm



you can still make boost




.

you have no idea where real AF was




.

...




Brian Svt Cobra


7:35pm




Brian Svt Cobra



the ONLY reason i drove it any was to break in the clutch per McLeod.




.

yea i do i have an a/f gauge. i watched it the whole time




.

...




Parts Farm


7:36pm




Parts Farm



bc AF doesn't even show unless you are at WOT




.

dude. part throttle AF doesn't exist




.

it jumps all around




.

You stating that, tells me that you have no idea what you are doing. to put it bluntly




.

And that is one reason you have never been able to get this car t run




.

Im sorry man




.

I hate it. But as an individual OR a business. This comes down to you hot ridding a product and voiding the warranty




.

turbo = void warraty




.

big blower void warranty




.

nitrous void




.

period




.

always has. always will




.

...




Brian Svt Cobra


7:38pm




Brian Svt Cobra



i never hot rodded it




.

...




Parts Farm


7:38pm




Parts Farm



I will make a public statement from the mountain tops about that




.

HOT rod = turbo




.

aka modified from STOCK




.

you relly think i would warranty it with a TURBO on it?




.

after you telling me your last setup made 1087 or whatever?




.

1087 rwhp right?




.

We are going to have to condinue this tomorrow. I have to go take a friend to the hospital




.

...




Brian Svt Cobra


7:39pm




Brian Svt Cobra



well that is something i guess should be disclosed. yes i went off what your page says "120 day warranty on all parts". but i only expected it to be warrantied til it was tuned. after that i saw it being on me.




.

its my faulty for not contacting you sooner.




.

but the car never made it to be tuned on the dyno which sucks.




.

ok well ttyl have a good evening




.

...




Parts Farm


7:49pm




Parts Farm



Many things have warranties or guarantees, but that doesn't mean being foolish doesn't warranty hem




.

mustang cobrs with a 3 year 36k mile warranty




.

put a single turbo on it and break the motor and take it back to the dealer and see how that works out




.

For you to think that a turbo setup doent void a warranty? iw ould have to ask you if you are out of your mind?




.

...




Brian Svt Cobra


7:50pm




Brian Svt Cobra
 

brian1

Junior Member
i worked for ford and that didn't happen to often but ford racing does warranty them. but that's besides the point




.

...




Parts Farm


7:51pm




Parts Farm



ford racing does warranty a few items now




.

...




Brian Svt Cobra


7:51pm




Brian Svt Cobra



well theres no way to test the engine n/a is there? at least without buying not needed parts




.

...




Parts Farm


7:51pm




Parts Farm



but for YEARS AND YEARs ford motorsport and ford racing didn't warranty ANYTHING that wss being used in a performance application




.

the catalog states it right there in black and white




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the fact that you THINK this way really blows my mind




.

I tested the engine




.

That's why im so annoyed with this




.

stock




.

st**** everything;. I drove this car around




.

It ran like a top




.

...




Brian Svt Cobra


7:53pm




Brian Svt Cobra



well ive never really had any bad dealings except 1 with Robbie and a cloth top. he sold it to me and even installed it. it leaked like an sob. so he refunded me my money. i got stuck with a top that leaked worse but i did get my money back. not an engine but that is the only thing ive never had go bad with used parts




.

...




Brian Svt Cobra


7:53pm




Brian Svt Cobra



ive bought and sold used parts for 15 years.




.

it sucks for both of us but im trying to be very civil and nice about this because i want to work this out.




.

...




Parts Farm


7:55pm




Parts Farm



You are trying to be cicil and nice?




.

no man you are flat out insulting by asking or assuming you will get resolution from this at my cost. That's a ridicukous notion in this situation.




.

...




Brian Svt Cobra


7:55pm




Brian Svt Cobra



yes some people would yell and cuss and demand stuff or just call the cc company and charge **** back




.

this is what people at my job when they are pissed




.

...




Parts Farm


7:55pm




Parts Farm



I have replaced 2- t56 that were bad recently. One was legit;. They other guy didn't put fluid in it and i replaced ti anyway




.

...




Brian Svt Cobra


7:56pm




Brian Svt Cobra



i deal with *******s all day long




.

so i really try and not ever be that guy.




.

...




Parts Farm


7:56pm




Parts Farm



I told you what I do when people charge things back fraudulently, I press charges for fraud




.

and i publicize the situation a




.

...




Brian Svt Cobra


7:56pm




Brian Svt Cobra



its not fraud when the other party believes they received a defective product. its not theft




.

but again i don't know your past dealings




.

...




Parts Farm


7:57pm




Parts Farm



You have never done a charge back have you?




.

...




Brian Svt Cobra


7:57pm




Brian Svt Cobra



nope never have




.

...




Parts Farm


7:57pm




Parts Farm



you think is just like press a button and get free money?




.

...




Brian Svt Cobra


7:57pm




Brian Svt Cobra



ive never needed to do one




.

no i don't want free money. but yea it happens at my job people do **** because they are crazy




.

ive never seen one of our customers go to jail over it




.

and we are a multi million dollar operation




.

...




Parts Farm


7:58pm




Parts Farm



I am not.




.

a multimillion dollar operation




.

...




Brian Svt Cobra


7:59pm

Brian Svt Cobra



i understand your not




.

...




Parts Farm


7:59pm




Parts Farm



Here is how this will play out.




.

...




Parts Farm


8:02pm




Parts Farm



you do a charge back. They contact me. I send them my evidence. 1. warranty void if the engine is modified. That alone is case closed. but I will also send them pics of your engine build, car, screen shots of you talking about it, driving it 150 miles, tuning it, and then having an issue and trying to return it. that's going to be case closed. But in the mean time. I call my lawyer, and he presses charges for felony fraud. And when the charge back is denied, then its the DA's decision whether or not to prosecute for the attempted fraud. That's when I post the situation on facebook, along with your prior conviction. And its a huge **** show. both ways.




.

...




Parts Farm


8:02pm




Parts Farm



That is not a threat. That is a reasonable prediction of how this will play out.




.

...




Brian Svt Cobra


8:05pm




Brian Svt Cobra



its not illegal




.

its not fraud




.

fraud is knowing causing harm




.

look stop with the legal stuff. im not worried about that.




.

i want to handle this between us. if it needs to go further then it will. but that's not my intension




.

...




Parts Farm


8:13pm




Parts Farm



kim and Robbie both said today there is NO way they would warranty it




.

erik at midway said hell no




.

tim and shane? what do you think they said?




.

I have told you what I can offer. Bring back your long block and I will trade it and 2000 for another one




.

You asked for 1500 trade in allowance on your long block




.

I am willing to do that




.

Bring me 1750 cash and I will swap you for this other long block.




.

That's $500 less than i told you earlier
 

brian1

Junior Member
this is listed on his ebay site for all parts. I will mention that I found this engine on his facebook page and contacted him there and picked the motor up.

this is a copy and past from his ebay

If you need help and assistance with this engine swap, Just give me a call. I can set you up with the parts that you need to do the swap!
If you need the wiring, computer and the rest of the supporting hardware to run this engine in your project vehicle, just call or message me!
I have the complete swap kits listed in my other auctions!

120 day unlimited mileage replacement warranty!
 

quincy

Senior Member
Well that was fun reading.

I suggest you take your warranty to an attorney in your area for a personal review of it and the facts, and you can take with you the exchange you have printed here.

It sounds to me that the seller has tried to be reasonable but believes your use of the engine voided the warranty. If you cannot get the matter resolved with the seller, you might have to take legal action.
 

racer72

Senior Member
no the engine is untouched

my car has a turbo on it. it came factory with a supercharger.

it has a start up tune in it so it would crank and run

it started to knock a few days after I installed it. I thought it was the exhaust and moved some parts of the exhaust. the noise seemed to go away. then yesterday it got really bad and that is when I called the seller.

the seller is a business
A turbo and a supercharger are two completely different things. Which is it?
 

Bali Hai

Senior Member
this is listed on his ebay site for all parts. I will mention that I found this engine on his facebook page and contacted him there and picked the motor up.

this is a copy and past from his ebay

If you need help and assistance with this engine swap, Just give me a call. I can set you up with the parts that you need to do the swap!
If you need the wiring, computer and the rest of the supporting hardware to run this engine in your project vehicle, just call or message me!
I have the complete swap kits listed in my other auctions!

120 day unlimited mileage replacement warranty!
One day you will outgrow all of this, hopefully. Tubocharger, supercharger, 1000 HP, nitro, McCloud clutch, detonation....these machines have their place and it's not on the public highway.

You spend alot of money to make a car loud and fast, but the only objective of a car is to get reliability from point A to point B. Using it for anything else is a nuisance. Apparently you can't do that without blowing up the engine on your funny car.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Georgia

here is what he said to me in a facebook post....

you do a charge back. They contact me. I send them my evidence. 1. warranty void if the engine is modified. That alone is case closed. but I will also send them pics of your engine build, car, screen shots of you talking about it, driving it 150 miles, tuning it, and then having an issue and trying to return it. that's going to be case closed. But in the mean time. I call my lawyer, and he presses charges for felony fraud. And when the charge back is denied, then its the DA's decision whether or not to prosecute for the attempted fraud. That's when I post the situation on facebook, along with your prior conviction. And its a huge **** show. both ways.
I somehow skipped over the published comments the seller made about you committing fraud, concentrating instead on the threat. The comment about fraud is defamatory per se. So, not only has the seller threatened you, he has also potentially defamed you.

Even IF the seller can show you modified the engine or in some other way voided the warranty with your use, he should have been communicating with you privately about this matter. He should never have leveled accusations of the sort he did. He has now opened himself up to a defamation lawsuit. Not a smart move on his part.

I suggest you review all facts with an attorney in your area, as I suggested before, and I would not communicate with the seller online any more.
 

Zigner

Senior Member, Non-Attorney
I somehow skipped over the published comments the seller made about you committing fraud, concentrating instead on the threat. The comment about fraud is defamatory per se. So, not only has the seller threatened you, he has also potentially defamed you.

Even IF the seller can show you modified the engine or in some other way voided the warranty with your use, he should have been communicating with you privately about this matter. He should never have leveled accusations of the sort he did. He has now opened himself up to a defamation lawsuit. Not a smart move on his part.

I suggest you review all facts with an attorney in your area, as I suggested before, and I would not communicate with the seller online any more.
Those comments weren't published - it is part of the threat that the seller made against the OP. It's a statement of what the seller intends to do if the OP continues to press the issue.
 

quincy

Senior Member
Those comments weren't published - it is part of the threat that the seller made against the OP. It's a statement of what the seller intends to do if the OP continues to press the issue.
He said it was posted to Facebook.
 

Zigner

Senior Member, Non-Attorney
He said it was posted to Facebook.
You're right, but I interpreted it as a FB message. If it was posted for other to see also, then he definitely has options as you have presented. OP should clarify.
 

quincy

Senior Member
You're right, but I interpreted it as a FB message. If it was posted for other to see also, then he definitely has options as you have presented. OP should clarify.
I agree that clarification would be nice. :)

I have re-read the exchanges and see now how your interpretation makes more sense than mine, and that the conversation was more than likely a private one. If that is the case, defamation comes off the table but my advice on the threat remains as does my advice to have the warranty and facts reviewed by an attorney.
 

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