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do I have a case?

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R

RTF

Guest
I am from South Dakota, but my question is about small claims in Texas. I recently bought a drag race car in Texas, the ad stated that many things as facts such as the perfomance off the car 6.80's in an eight mile race. When I was in Texas the owner stated that the engine was tested at 640 horse power. When I got home, the previous owner tracked me down and told me to check the engine because he had seen the ad and the engine was not described as it was when he sold the car. Last night I took the engine apart and sure enough the guy I bought the engine from had lied to me! The engine I bought is basicly at stock engine. The local perfomance shop tells me that it will cost me about $3500.00 to get the engine to the specs that I was told that it was when I bought it. Do I have a case for small claims in Texas?
Thanks for any help, if you need more details please ask and I will get them for you.

Ryan Folk
 


BL

Senior Member
How did the " previous owner " know where to track you down ?

In any event, the Ad " Imlied " specifics . You did-not receive the merchandice in the condition Implied, for the cost you Pd.

If however the receit stated "AS-IS" , you may be stuck,but i don't think so.You could have simply believed AS-IS meant as advertized.

I would think you have to Petition small claims in TX though.
 

I AM ALWAYS LIABLE

Senior Member
Blonde Lebinese said:
How did the " previous owner " know where to track you down ?

In any event, the Ad " Imlied " specifics . You did-not receive the merchandice in the condition Implied, for the cost you Pd.

If however the receit stated "AS-IS" , you may be stuck,but i don't think so.You could have simply believed AS-IS meant as advertized.

I would think you have to Petition small claims in TX though.

My comment:

Blonde Lebinese, please download the "spell checker" program called "iespell" from iespell.com. Install it and use it. It's free.

IAAL
 

stephenk

Senior Member
why didnt you have a mechanic check the engine before you bought the car? did you do a test run of the car before purchasing it?
 
G

gotocourt

Guest
Yes, so long as you reasonably relied upon the representations made by the seller to your detriment Whether your reliance was reasonable is a question of fact for the judge. If you had the opportunity to drive the vehicle before purchasing it,

Even if the car were sold "as is", the seller did not have a right to make affirmative misrepresentations. Careful here, he may have proof that the car did 6.80 in the quarter mile and/or produced 600+ hp on a dyno (perhaps before he switched engines). To counter such evidence, you would likely need the opinion testimony of a qualified expert regarding the condition of the current engine.

If you are required to go to court, be sure to ask for punitive damages. Generally proof of fraud will support such damages.

Rather than send a scathing letter to the seller up front, you might consider asking him to confirm the parts used to build the engine to the specs he claimed. Also ask for any dyno sheets and/or track time slips.
 
R

RTF

Guest
gotocourt:
I did rely on the sellers ad and what he told me because I didn't have the option to drive the car when I picked it up due to the fact that the car is not steet legal and no race track near by. As far as having an expert opinion can this be a typed, signed and noterized letter? Because I am sure the local machine shop guy won't want to drive to Texas with me (1150 miles), and I don't know any experts in Texas. I have also talked to the previous owner and he will also be willing to sign and noterize a statement as to the conditon of the car when he sold it (the same as it is now) and its perfomance level at that time, 7.47 et in the eighth mile. Will this be admisable in court?
 
R

RTF

Guest
JETX
Should I be looking for a different type of court other than small claims? Keep in mind that I have to drive 1150 miles one way and don't want to miss any more work than I have to.
 
R

RTF

Guest
stephink:

It would not have been feasable to disasseble the engine when I went to pick it up. I took about 7 hrs in my air conditioned shop with all the tools I needed at hand. And no race track near by or open to test run the car.
 
R

RTF

Guest
sorry about the misspelling the name stephenk
I tind to mispel a lot of wards :)
 

I AM ALWAYS LIABLE

Senior Member
RTF said:


"I tind to mispel a lot of wards"

=============================

My response:

Yes, you do. That's what we call an "understatement."

But, to help you out with your spelling problem, please download the "spell checker" program called "iespell" from iespell.com. Install it and use it. It's free.

IAAL
 

JETX

Senior Member
Okay, lets try to bring all of this back to one place.....

"I recently bought a drag race car in Texas, the ad stated that many things as facts such as the perfomance off the car 6.80's in an eight mile race."
*** This will be your first challenge. It is easy to say that a "car" did 6.80, but there is no assurance that the car will continue to do that... or when it was done.... or under what conditions. Though there is an ASSUMPTION that the statement is correct, what do you have to show the court that the car you purchased, at the time you purchased it, was able to do that??

"When I was in Texas the owner stated that the engine was tested at 640 horse power."
*** Again, same as above. There are a LOT of factors that go into determining if this is true. For example, do you have a printout of the dyno run showing this.... or is this just 'salesman puff'.

"When I got home, the previous owner tracked me down and told me to check the engine because he had seen the ad and the engine was not described as it was when he sold the car."
*** What do you mean "previous owner" as to "when he sold the car"?? Did you buy this car from a middle-man?? Did this 'middle-man' have any direct knowledge of the car?? Why this one-step removed owner??

"Last night I took the engine apart and sure enough the guy I bought the engine from had lied to me!"
*** And THAT might be your downfall. The seller could make the claim.... "Your Honor, the buyer took the engine apart!!! There is no assurance that the engine he is claiming was deficient.... is even the engine I sold him with the components I sold." He could claim that you swapped cams, pistons, lifters, etc.

"Do I have a case for small claims in Texas?"
*** Obviously, this is the key to the entire post.... and my answer would have to be.... any case you might have would be weak. Here is my reasoning:
- This is a race car. That is a specialty item, very likely with a high amount of customization.
- As such, it would be assumed that as a buyer, you would also have at least a considerable amount of experience in these 'custom' products.
- You apparently failed to exercise your due diligence, especially when 'enhanced' by your special 'experience'.
- This failure to properly document and inspect the vehicle may be a proximate cause for your being in the situation you are in.
If the above is correct, this would make you at least partly responsible for the situation.

This does not release the seller from his misrepresentations to you. So, with that, you may have one HUGE thing in your favor.... that is the DTPA (Texas Deceptive Trade Practices Act). Texas has one of the strongest consumer protection acts out there, and it applies to ALL sales, public and private.

I suggest you consider refocusing your efforts on the use of a DTPA claim. A copy of this statute can be found at: http://www.capitol.state.tx.us/statutes/bc/bc0001700.html#bc013.17.41

To exercise a DTPA claim, you need to put the seller on notice (certified RRR). This notice must contain specific items as detailed in the statute (Texas Bus and Comm Code, §17.505):
"a consumer shall give written notice to the person at least 60 days before filing the suit advising the person in reasonable detail of the consumer's specific complaint and the amount of economic damages, damages for mental anguish, and expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant. During the 60-day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer's action or claim may be presented to the consumer."

Send your notice by certified RRR. Then, wait the required 60 days. If he doesn't respond, then you can consider filing suit under this statute.
 

BL

Senior Member
In some States you can ask for triple damages if:
1) There was false advertising
2) The defendant has 3 or more outstanding Judgments against him at the time of small claims Court - ck. with the clerks.
 

JETX

Senior Member
Blonde... if you will READ the DTPA that I linked to..... the statute provides for treble damages.
 

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