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  #1  
Old 07-31-2005, 09:44 PM
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Join Date: Jul 2005
Posts: 2

Grossly Misrepresented vehicle?


What is the name of your state?INDIANA
I just sold a highly modified racing truck on the internet. I am in Indiana and the buyer is from New Hampshire. I placed the ad on a racing classifieds site(not an auction)with 13-16 recent pictures and a FULL text description of every component the race vehicle contained. Not once did I list anything as "new" or "warranted" or Guaranteed". I listed it for $14,500 and 3 weeks later dropped the price to $11,500. During the initial call from the buyer I answered several questions honestly and he offered $10,000 and I accepted. He asked how the rear frame was made and I e-mailed pictures of the rear frame during construction. Since the pictures were a large file size I mailed several seperately. In the last e-mail,PRIOR TO THE SALE, I typed a list of "known defects" in which all were minor. At the end of this e-mail I specifically made this statement>>>Well I believe that’s about all I can think of at the moment. If you have any questions whatsoever or need any additional pictures I would be more than glad to help. You may call at any decent hour Thanks for your interest."<< End of statement.
I feel this was giving him the full opportunity to ask any more questions or to request any more pictures in order to make an educated decision as to wherether or not to pay $10,000 for a vehicle and NOT EVEN COME TO INSPECT IT IN PERSON, since he claimed he didn't have time!!.
He then mailed me two $5,000 checks so I mailed him overnight express the clear, transferrable title. It took him a month to find a total stranger to come and get the vehicle to deliver it to him. The day after he got the vehicle he called my cell and I missed his calls. he called my residence and no one was home. He called my fiance and her cell was coincidentally out of commission.
I then recieved an outlandish e-mail claiming he was unhappy and didn't want the truck and listed several defects, some of which were untrue as of when it was loaded onto this strangers trailer for delivery. I didn't respond. The following morning he left a message on our answering machine saying he was coming here and what was I going to do when he was sitting in my driveway, hide in your house you coward?.
I took it as a veiled threat. he sent several other e-mails claiming other defects and wanting me to refund his money claiming he is taking me to small claims.
I don't feel I misrepresented the vehicle in any way and gave him the full opportunity to make an inspection by un-enhanced digital photography since he "Didn't have time to come and look at it" even though he was spending $10,000.
Should I worry about small claims? Do I owe him anything? I am somewhat disappointed that he is disappointed but I did all I could do for him to make an educated decision.
What should I do?
  #2  
Old 08-02-2005, 08:13 AM
Senior Member
 
Join Date: Jul 2002
Location: Tennessee
Posts: 3,088
You should tell him to pound sand and get on with your life. He had the opportunity to check out or have checked out prior to purchasing. any fault would fall to him.
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  #3  
Old 08-02-2005, 11:57 AM
Junior Member
 
Join Date: Jul 2005
Posts: 2
As a precautionary measure I got an attorney/free legal services through my employer. I gave the attorney all copies of every e-mail exchanged and a copy of the original ad posted. The attorney says the burden is upon the buyer to prove I grossly misrepresented the vehicle and from what he seen that simply wasn't the case. Since he did not come to inspect the vehicle or have it inspected, he will have a next to impossible case to prove since I offered to take any pictures he would require.
I'm glad I saved the e-mail in which I offered to take any pictures or to answer any questions otherwise he could possibly say I didn't give him the chance.
The attorney sent a letter to the buyer as well as an e-mail telling him that he was my attorney and all contact to me must cease other than through my attorney. Luckily it stopped all his calls and e-mails.
Thanks for your advice djohnson.
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