The whole other thread
Did not mean to make things difficult, it is just a long thread, so here it is.
December of 2003, I purchased a 1967 pontiac GTO from a private owner here in Nebraska. I restored the car and listed it on ebay in Feb. 2004 and sold it to an individual who was a car dealer and the high bidder. I received the funds, signed the title and delivered the car. Three months later he came back and said the car was not a GTO, but a Tempest. The title when I purchased the car states GTO and the engine data plate matched all the options and colors on the car. He said he sent in for documents through the VIN number and it came back a Pontiac Tempest, not a GTO. Nothing on the documents match the car, except the vin #. He wants a full refund now and to return the car. I told him that the car was sold "AS IS" as listed on the auction and that if he had any doubts about the car he should have had them checked out before bidding. I knew nothing about the vin history, and still believe that this car is a GTO. There are too many things that would have had to been changed and somthing would show in the workmanship, shince this was a tired, worn car when I got it. Also the title clearly states GTO, not Tempest. His lawyer now six months later sent me this e-mail last week saying the following:
"John Moore" <
[email protected]> Add to Address Book
To:
[email protected]
CC:
[email protected]
Subject: re: Ebay item #2459798041
Date: Thu, 29 Jul 2004 17:12:05 -0700
Dear Mr. Catania,
I have reviewed the information provided by Jack Kee. Your listing clearly states a 1967 GTO hardtop. My client received a 1967 Tempest. Your contract does state "as is" but it also clearly states 1967 GTO. You state numerous times that the vehicle being sold is a GTO, this is pure fraud. Please respond ASAP as the FBI is being reviewing this matter and we will pursue this matter through the legal system. Please advise me on you will be resolving this matter.
Cordially,
Adam Marangell
Attorney at Law
ALM: jlm
I returned the following e-mail to him:
Mr. Marangell (if that is who you say you are since the e-mail is from a Mr. John Moore),
If you see the title of the car it clearly states 1967 GTO hardtop, that is how I purchased it and that is how I sold it. From the information I gathered from the vehicles data plate, it stated 67 GTO two door hard top, Tyrol blue color, with a parchment interior, air conditioning, three speed transmission, V8, with bucket seats. All of that information is true and correct and I sold the car accordingly. I am not an expert in the automobile industry, Mr. Kee is, he is a licensed car dealer and knowingly chose to bid and purchase the said car that was listed on ebay, he knows way more about buying and selling cars than I will ever know. I knew little about Vin id's except that it had to match the title. If he has been in the automobile industry as long as he says and knows so much about cars, why did he not research this before buying, instead of coming back nearly two months later to make this claim. There was nothing to my knowledge that this car was not a GTO and the title and data plate confirm that. You as a lawyer should know the definition of fraud is defined as a deception deliberately practiced to secure unfair or unlawful gain. I did neither of these and don't like being accused of such. I'm sorry if Mr. Kee has buyers remorse and no longer wishes the said car, but this does not make it my problem now. I listed honestly and truthfully everything I knew about the car. In researching since Mr. Kees accusations, I found that the data plate, not the Vin is the most important plate on the car, as it shows the S.O. (sales order) number, usually in the lower right-hand-corner. This is the number dedicated to the car before it is built and assigned a VIN. If this car has been tampered with or worse stolen, it was not to my knowledge, nor do I believe to the individual who sold me the car. In the course of 40 years these cars can change hands numerous times and the history is usually impossible to find. When I purchased the GTO, I was told by my auto technician to check the information on the data plate inside the firewall and to make sure that it matched up to what you were buying and it did to a tee. Mr. Kee read me off these documents he sent away for and nothing matches this car, not the original color, interior, dash, transmission, nothing, which makes me further believe that the car is what it is titled as, a 1967 GTO, not a Tempest. If he wishes to pursue this with threats and lawsuits and defamation of my character, I cannot do anything about that. If he calls again and wishes to speak to my daughter, a minor of 14 years and harasses her with threats of what he will pursue with me, upsetting her to the point of tears, I will be happy to file a suit myself. I have done nothing wrong, I hid nothing, nor did I maliciously try and financially gain or deceive Mr. Kees.
Respectfully,
Brian Catania
I then got a phone call from Mr. Marangell who said his client wants his money back or would file a suit and win under California Law. He is a friend of the firm and they will handle it pro bono. I told him I would not give the money back, that I sold the car to the best of my knowledge, truthfully and honestly, which he said he would talk with his client. I have not heard back from anyone yet. I want to know what my legal rights are and is this just a scare tactic to try and get me to give in. I have heard nothing
Confused and looking for advice,
gto_buyer
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#2 08-07-2004, 12:50 AM
