Ontario, Canada
I wanted to ask you if you could help me with a situation regarding my car and its previous owner. I am a young and am feeling as if I am being fleeced. I just need to know what my options are from a legal standpoint.
Long story short. I purchased a used vehicle off someone and paid him $6000. The verbal agreement was that I pay him the remainder ($500) in a couple weeks. This is because I had done a "Pre-Purchase car inspection", and they mentioned parts were missing. I would then buy the parts and deduct the amount if from what I owe him. My father witnessed the verbal agreement.
The situation can be explained over the following emails that were sent back and forth between myself and the previous owner of my vehicle, Mike. Start at the bottom of the thread and work up to fully understand. He is threatening to put a lein on the car, and say that if the Bill of Sale says $6500, that thats what I have to pay him. Is this true?
The prices of the parts quoted by Toyota totals to...
High Mount Brake Lamp (cover - $73.48, stop lamp - $216.70)
Lug Nut Wrench - $26.40
Fuse Box Cover under hood - $47.85
TOTAL - $411.80 (tax included)
I have papers of both the papers from the Pre Purchase inspection stating these are the parts. And papers from Toyota verifying these are the cost of the parts.
I would therefore only owe Mike $88.20. He feels different, and I would like to draft my next email according to your expert advice
I really hope you can help, even if you can summarize what I should do in a single paragraph.
Again , start at the bottom of the thread.
Thanks guys!
____________________________________________________________________________________________________________________________________________________
05/01/2011
Hello Tyler, I trust you had a good holiday. I have not recieved the funds owed to me. The bill of sale states a price agreed on by both you and I. If you continue to refuse to pay me, i will have to sue. If this occurs i have to sue you in your district, and if i win the decision, you will be responsible for all costs associated with the proceedings. I am very upset that it has come to this, but if the bill of sale states an ammount and you have not paid that ammount, i can lein the car. I don't want to do this. Please let me know what your decision is.
____________________________________________________________________________________________________________________________________________________
20/12/2010
Mike,
in your last email, there are 3 separate threats.
What was decided, was that you were going to take my car for a ridiculously low price. But that agreement was altered by you, and I ended up losing money on that.
It just so happens that as soon as I bought the car, things start going wrong, and THAT is disappointing. My Father is a witness to the entire deal and arrangement. I have decided to go with Toyota for the parts, as I could not find the OEM parts at any junk yard here in Toronto or surrounding area. I can let you know when I purchase them, and how much they cost.
Tyler.
________________________________________________________________________________________________________________________________________________
Subject: Re: Yaris
Date: Mon, 20 Dec 2010 19:11:08 +0000
I did not threaten you, I just want what was decided. You told me the vehicle was for your business....so that is why I would contact them. You agreed to pay me for the car after the inspection. You had it inspected and made partial payment. Your choice. You have not made full payment and that is disappointing. Your father being there has nothing to do with anything, you are an adult. D and D inspected the car and you accepted that. That is when our business dealings, aside from complete payment, were done. I do not have any company that has anything to do with the automotive industry....my brother does, so do not threaten someone you have no business with.
Mike.Sent from my BlackBerry device on the Rogers Wireless Network
Date: Mon, 20 Dec 2010 13:37:13 -0500
Subject: RE: Yaris
Your assumption that I "abused" my previous vehicle is not of any relation to this matter. It is a 1993 vehicle, and apart from some rust, and natural wear and tear, i took very well care of the vehicle. You had decided to trade with me given my description of the vehicle beforehand and understood it was in As-is condition, and then decided to alter our agreement upon us arriving to Kingston. I am the one feeling ripped off, as I have to now invest over 1000 extra just to fix these current issues. I understand the parts of used, but they shouldnt be faulty, causing safety issues. And you cannot assume that after a week of owning the car that due to my driving that service lights start coming on and brakes start warping.
Mike, most issues can be dealt with without the use of threats. The fact that you just threatened me several times will not go over well if you decide to get police involved. Regardless, given our situation and original agreement, we could always take this issue to small claims court. My father witnessed the entire deal and agreement prior to purchasing this vehicle.
I am willing to forget about the brake issues, and suck up the loss. But you had mentioned before I left that you would pay for the parts that were missing.
Since this is not a practice related to my business, and I'm not sure what exactly you will be reporting to the BBB. Keep in mind that you are the one with the business related to automobiles.
Tyler
Subject: Re: Yaris
Date: Mon, 20 Dec 2010 18:09:32 +0000
If you choose not to pay me you can deal with the repercussions Tyler. The car had no lights on when you picked it up and judging the condition of your last vehicle I cannot trust that it has not been abused. I will drive to TO and deal with this personally if need be. You have registered the car and basically ripped me off. I have received a letter from the ministry of transportation regarding the purchase price. I have to state 6500....if you do not pay me you I will get the police involved and you can deal with it. It is a used car....that is why the parts are used. I will also contact the better business bureau and explain your business practices. Sent from my
BlackBerry device on the Rogers Wireless Network
Date: Mon, 20 Dec 2010 12:55:03 -0500
Subject: RE: Yaris
Hi Mike,
Hope all is well with you.
Apart from the parts that you mentioned you would pay for, attached is an inspection on the brakes that I had done with Richmond Hill Toyota. I don't understand how The ABS light and E Brake light had come on only a week after owning the vehicle. So the ABS is currently not working, the rotors are warped, and the parts missing are much more than a trip to the junk yard and $20 a piece. The price for diagnostic is $115, on top of changing the rotors, and servicing the brakes, and fixing the ABS and electronical issues. The expenses and invested time incurring after purchasing this vehicle are adding back up to the originally posted value, and could very well go beyond it depending on the outcome of the ABS diagnostic. I am now concerned that something else might soon go wrong. This is no longer the "great deal" it was originally perceived to be.
The car manual is also missing. I also ended up selling my car for $1000. $800 less than what you were going to originally take it for.
I think we're at fair trade.
Ty
Well I am happy you got in touch with me....I was wondering what was up. For what u paid Tyler I don't expect to hear anything other that when u are going to send me the rest of the money. I told you the brakes were original and it is not unheard of to have a minor pulsating when breaking from highway speeds. I was asking 7950....we got down 1450 from there.....you got a great deal and I would like to think that you are going to send me the remaining funds asap.
Sent from my BlackBerry device on the Rogers Wireless Network
\
Date: Tue, 7 Dec 2010 14:40:18 -0500
To:
Subject: Yaris
Hey Mike,
Hope you are well.
Anyways just wanted to give you a breakdown of the parts and how much they are costing. I called about 10 wreckers in the area and they don't have a single part. So I called back DnD auto and the inspector Pierre told me to buy off of a website called CsToyotaParts. So here's a breakdown of the prices (In American) Not including Tax. Also not including the jack (since it cannot raise), and the lug nut wrench.
Also, after driving the car on the highway, my dad noticed brake pulsations and vibrations. I took the car to my mechanic in Toronto, and he said the front rotors are warped. He had to look closely, and take the car out for a drive himself, and told me the front rotors need to be changed - pads are okay.
Also just wondering why the factory warranty isn't still valid? And I couldn't find the cars manual.
Anways I hope all is well, and you're enjoying your new ride!
Hope to have this sorted out.
Thanks Mike.
I wanted to ask you if you could help me with a situation regarding my car and its previous owner. I am a young and am feeling as if I am being fleeced. I just need to know what my options are from a legal standpoint.
Long story short. I purchased a used vehicle off someone and paid him $6000. The verbal agreement was that I pay him the remainder ($500) in a couple weeks. This is because I had done a "Pre-Purchase car inspection", and they mentioned parts were missing. I would then buy the parts and deduct the amount if from what I owe him. My father witnessed the verbal agreement.
The situation can be explained over the following emails that were sent back and forth between myself and the previous owner of my vehicle, Mike. Start at the bottom of the thread and work up to fully understand. He is threatening to put a lein on the car, and say that if the Bill of Sale says $6500, that thats what I have to pay him. Is this true?
The prices of the parts quoted by Toyota totals to...
High Mount Brake Lamp (cover - $73.48, stop lamp - $216.70)
Lug Nut Wrench - $26.40
Fuse Box Cover under hood - $47.85
TOTAL - $411.80 (tax included)
I have papers of both the papers from the Pre Purchase inspection stating these are the parts. And papers from Toyota verifying these are the cost of the parts.
I would therefore only owe Mike $88.20. He feels different, and I would like to draft my next email according to your expert advice
I really hope you can help, even if you can summarize what I should do in a single paragraph.Again , start at the bottom of the thread.
Thanks guys!
____________________________________________________________________________________________________________________________________________________
05/01/2011
Hello Tyler, I trust you had a good holiday. I have not recieved the funds owed to me. The bill of sale states a price agreed on by both you and I. If you continue to refuse to pay me, i will have to sue. If this occurs i have to sue you in your district, and if i win the decision, you will be responsible for all costs associated with the proceedings. I am very upset that it has come to this, but if the bill of sale states an ammount and you have not paid that ammount, i can lein the car. I don't want to do this. Please let me know what your decision is.
____________________________________________________________________________________________________________________________________________________
20/12/2010
Mike,
in your last email, there are 3 separate threats.
What was decided, was that you were going to take my car for a ridiculously low price. But that agreement was altered by you, and I ended up losing money on that.
It just so happens that as soon as I bought the car, things start going wrong, and THAT is disappointing. My Father is a witness to the entire deal and arrangement. I have decided to go with Toyota for the parts, as I could not find the OEM parts at any junk yard here in Toronto or surrounding area. I can let you know when I purchase them, and how much they cost.
Tyler.
________________________________________________________________________________________________________________________________________________
Subject: Re: Yaris
Date: Mon, 20 Dec 2010 19:11:08 +0000
I did not threaten you, I just want what was decided. You told me the vehicle was for your business....so that is why I would contact them. You agreed to pay me for the car after the inspection. You had it inspected and made partial payment. Your choice. You have not made full payment and that is disappointing. Your father being there has nothing to do with anything, you are an adult. D and D inspected the car and you accepted that. That is when our business dealings, aside from complete payment, were done. I do not have any company that has anything to do with the automotive industry....my brother does, so do not threaten someone you have no business with.
Mike.Sent from my BlackBerry device on the Rogers Wireless Network
Date: Mon, 20 Dec 2010 13:37:13 -0500
Subject: RE: Yaris
Your assumption that I "abused" my previous vehicle is not of any relation to this matter. It is a 1993 vehicle, and apart from some rust, and natural wear and tear, i took very well care of the vehicle. You had decided to trade with me given my description of the vehicle beforehand and understood it was in As-is condition, and then decided to alter our agreement upon us arriving to Kingston. I am the one feeling ripped off, as I have to now invest over 1000 extra just to fix these current issues. I understand the parts of used, but they shouldnt be faulty, causing safety issues. And you cannot assume that after a week of owning the car that due to my driving that service lights start coming on and brakes start warping.
Mike, most issues can be dealt with without the use of threats. The fact that you just threatened me several times will not go over well if you decide to get police involved. Regardless, given our situation and original agreement, we could always take this issue to small claims court. My father witnessed the entire deal and agreement prior to purchasing this vehicle.
I am willing to forget about the brake issues, and suck up the loss. But you had mentioned before I left that you would pay for the parts that were missing.
Since this is not a practice related to my business, and I'm not sure what exactly you will be reporting to the BBB. Keep in mind that you are the one with the business related to automobiles.
Tyler
Subject: Re: Yaris
Date: Mon, 20 Dec 2010 18:09:32 +0000
If you choose not to pay me you can deal with the repercussions Tyler. The car had no lights on when you picked it up and judging the condition of your last vehicle I cannot trust that it has not been abused. I will drive to TO and deal with this personally if need be. You have registered the car and basically ripped me off. I have received a letter from the ministry of transportation regarding the purchase price. I have to state 6500....if you do not pay me you I will get the police involved and you can deal with it. It is a used car....that is why the parts are used. I will also contact the better business bureau and explain your business practices. Sent from my
BlackBerry device on the Rogers Wireless Network
Date: Mon, 20 Dec 2010 12:55:03 -0500
Subject: RE: Yaris
Hi Mike,
Hope all is well with you.
Apart from the parts that you mentioned you would pay for, attached is an inspection on the brakes that I had done with Richmond Hill Toyota. I don't understand how The ABS light and E Brake light had come on only a week after owning the vehicle. So the ABS is currently not working, the rotors are warped, and the parts missing are much more than a trip to the junk yard and $20 a piece. The price for diagnostic is $115, on top of changing the rotors, and servicing the brakes, and fixing the ABS and electronical issues. The expenses and invested time incurring after purchasing this vehicle are adding back up to the originally posted value, and could very well go beyond it depending on the outcome of the ABS diagnostic. I am now concerned that something else might soon go wrong. This is no longer the "great deal" it was originally perceived to be.
The car manual is also missing. I also ended up selling my car for $1000. $800 less than what you were going to originally take it for.
I think we're at fair trade.
Ty
Well I am happy you got in touch with me....I was wondering what was up. For what u paid Tyler I don't expect to hear anything other that when u are going to send me the rest of the money. I told you the brakes were original and it is not unheard of to have a minor pulsating when breaking from highway speeds. I was asking 7950....we got down 1450 from there.....you got a great deal and I would like to think that you are going to send me the remaining funds asap.
Sent from my BlackBerry device on the Rogers Wireless Network
\
Date: Tue, 7 Dec 2010 14:40:18 -0500
To:
Subject: Yaris
Hey Mike,
Hope you are well.
Anyways just wanted to give you a breakdown of the parts and how much they are costing. I called about 10 wreckers in the area and they don't have a single part. So I called back DnD auto and the inspector Pierre told me to buy off of a website called CsToyotaParts. So here's a breakdown of the prices (In American) Not including Tax. Also not including the jack (since it cannot raise), and the lug nut wrench.
Also, after driving the car on the highway, my dad noticed brake pulsations and vibrations. I took the car to my mechanic in Toronto, and he said the front rotors are warped. He had to look closely, and take the car out for a drive himself, and told me the front rotors need to be changed - pads are okay.
Also just wondering why the factory warranty isn't still valid? And I couldn't find the cars manual.
Anways I hope all is well, and you're enjoying your new ride!
Hope to have this sorted out.
Thanks Mike.
