fake classic car

[djthomp]

What is the name of your state (only U.S. law)? Virginia

Hello and good morning. I purchased an antique car. The seller sent me information that it was a 1968 California Special mustang, one of 4114 made. I paid market value based on KBB. After the sale I found out it was a clone, not a true mustang califorina special. To make matters worse the transmission is bad. The KBB is about 1/4 what I paid. I'm in VA. I paid 11000.

 

[OHRoadwarrior]

If you have such a guarantee in writing, you can go to the sellers state and sue in court for the money. Collecting even a successful suit from across the country is going to be difficult. You should have paid for a plane ticket and made the inspection in person or asked for pics with the info to prove the claim, or for a MARTI report. On the other hand, you appear to have a CA Mustang core to start restoring and there is an abundance of replacement panels and parts available. $11,000 is not as bad a price as you claim I suspect. The KBB price and market value are not always the same. Especially for antique Mustangs.

 

[djthomp]

Thank you road warrier

Thank you for the reply. I had seen the car and know the owner well. He indicated it was a CS in text messages before the sale, there was no guarantee. The seller and I are from the same area. I am a bit of a hobbyist. He asked if I would look at the car to get it started because he had a buyer. I was out of state at the time.

I have tried to resolve this without legal action but that will probably not work.

Thanks again

 

[justalayman]

This is a situation where your failure to do your due diligence will likely defeat most arguments you have to sue him. The fact of the heritage of the car is easily ascertainable. You should have investigated it yourself. If he argues he didn't know it as a clone on top of your failure, you'll likely lose.

Then as ohr stated, the cost of collection could be high.

 

[OHRoadwarrior]

The easiest method would have been ordering a Marti report off the VIN. It would have told you everything from the comfort of your home.

 

[justalayman]

Just saw listings for 4 gt/cs mustangs. One was through an auction. The other three were listed at $20k, $25k, and $29k.

If those are indicative of true value, the $11k price should have been a HUGE clue that this was in fact NOT a real gt/cs. That alone is likely to defeat a possible suit. When you pay 1/2 of what the true market price is, it makes it very difficult to argue you thought it was a real gt/cs


You know the old saying; if it sounds to good to be true, it probably is. The courts believe it as well.

 

[djthomp]

Thanks for all the replies. The car is a number 4 condition, but you are right I should have check it. I honestly did not believe this guy would screw me, I have done work for him before, pro-bono. The KBB shows a CS in 4 condition to be right where I paid, market value, 11 k. I also looked on line and where cars are restored they sell or are listed at 20 to 25 k, since this is unrestored it was priced right if it was a CS. It has the markings of a CS, fiberglass trunk, Shelby lights, etc. But is not a CS based on VIN number.

He provided me data that it was a CS before the sale, accepted payment for a 1968 California Special (it was on the check) and provided data after the sale that it was a CS.

Waiting for feedback from an attorney on Tuesday.

Thanks again.

 

[justalayman]

Haggerty's has it at $14.6 (fair) for a 4 but $23.1 for a 3 (good). A 2 is $36.6

Hemmings lowest asking price in the last several years was $11.5.

There was more than one fog light used though. The originals came equipped with Marchal lights but since they were not Legal on the highway they were replaced with Lucas lights. Not sure what a "Shelby" light is.

Also, if the guy selling it believed it to be a CS and purchased it as such, your argument is future weakened and it falls back on your obligation to perform due diligence.