Factory Roush Mustang vs. Roush Clone--Buyer Beware?

[justalayman]

If we take it to court I will be asking for that plus legal fees and lost wages for time off.

ya and I dream about winning the lottery. Neither is likely to happen. In fact, my odds at winning are better than your odds at recovering money for those issues.

 

[Zigner]

It is written the same on both the bill of sale and the title--thanks for reminding me, so that makes two documents, not just one

No I do not wish to rescind the sale. I simply want to be compensated the difference. I'm hoping a letter from an attorney will prompt him to pay the difference. If we take it to court I will be asking for that plus legal fees and lost wages for time off.

To be clear - you won't be entitled to legal fees. You won't be entitled to lost wages. You won't be entitled to recovery of the money you pay for an expert appraisal of your vehicle, nor for that expert's report as to what the value of a similar true-factory vehicle is.

You will be taking this to small claims court where the maximum amount you will be entitled to recover is $5,000.00.

http://www.courts.state.md.us/district/forms/civil/dccv001br.pdf

Good luck.

 

[justalayman]

You keep saying due diligence, due diligence. Does that have more weight than fraud and breach of contract?? So what you're saying is that the way the law works, so long as the buyers don't figure out the fraud through research before they sign the check, it's ok to lie and con people because they should have figured it out before.

so, again:


since you knew the price being paid was way under actual value (and it is based on your own statements), the courts demand you notice that red flag and take appropriate action. Yes, that can absolutely override his (alleged) lies.

His defense:

gee, I thought that putting the stuff on there made it a Roush 427R. I didn't do anything different than what they do when the send the car to some company to have all that stuff put on.

so now, we get back to due diligence. He believed it to be a Roush 427R. Due to the huge price discrepancy between what he was asking and what a real Roush would cost, you are now obligated to investigate why it is so cheap. You failed. His was an mistake. Yours was lack of doing what the court requires of you to ensure you are getting what you think you are getting.

 

[Rachael427R]

whoa right there. He could not have altered the title of the car. It is what it was when the manufacturer made the car and issue a C of O. The only thing that changes (barring a branding and any possible lien holder) is the odometer reading and the owner of record.

True...so explain this because it's confusing to me...
He purchased the car as a stock GT Mustang and then claims to have had it converted by Roush. So his original title says Ford Mustang 2007--No mention of Roush.
Whether converted by the actual Roush factory or Joe Shmo's Auto Shop, wouldn't the title STILL say Ford Mustang 2007? The VIN# indicates it's a stock Mustang.
So if the car was really converted to a Roush by the factory and was a serialized Roush, would the title indicate the car as a Roush? Is it my fault for signing a title that doesn't say Roush? Maybe I should ask Roush about this...

 

[Rachael427R]

so, again:


since you knew the price being paid was way under actual value (and it is based on your own statements), the courts demand you notice that red flag and take appropriate action. Yes, that can absolutely override his (alleged) lies.

His defense:

gee, I thought that putting the stuff on there made it a Roush 427R. I didn't do anything different than what they do when the send the car to some company to have all that stuff put on.

so now, we get back to due diligence. He believed it to be a Roush 427R. Due to the huge price discrepancy between what he was asking and what a real Roush would cost, you are now obligated to investigate why it is so cheap. You failed. His was an mistake. Yours was lack of doing what the court requires of you to ensure you are getting what you think you are getting.

I appreciate your advice here. This is what I needed to help determine if I have a case or not. If I truly believed I did, I would not have seeked out a legal forum and would have instead ran to the nearest attorney. I do feel like I was taken advantage of and I do regret not doing more thorough research before. This has definitely been a lesson not to be so trusting of people who seem nice and honest. The reason I wanted to sue in the beginning was to get money back, so I'm not so sure anymore that I want to gamble losing even more money. I posted this same question in a Mustang forum and literally everyone has told me to move forward with a suit and that I have a strong case and that the loser will pay legal fees and lost wages. Those were are all non-attorneys of course. I don't know the credentials of the respondents to this thread, but it helps to hear both sides.

At least in the end I still love my car and I didn't pay WAY over for it.

 

[justalayman]

Rachael427R;3219373]True...so explain this because it's confusing to me...
He purchased the car as a stock GT Mustang and then claims to have had it converted by Roush. So his original title says Ford Mustang 2007--No mention of Roush.

Whether converted by the actual Roush factory or Joe Shmo's Auto Shop, wouldn't the title STILL say Ford Mustang 2007? The VIN# indicates it's a stock Mustang.

If it is delivered to Roush by the manufacturer, they can do that prior to assignment of model etc so it can be titled as a Roush Mustang if that is what Ford wants to do. If the car is delivered after the C of O is issued, then it is a Ford Mustang on the title. No Roush. It is simply a post production vehicle modified by Roush

So if the car was really converted to a Roush by the factory and was a serialized Roush, would the title indicate the car as a Roush?

I don't know how Ford does it offhand. Given the means published on how to identify an authentic Roush, I suspect Roush does not appear on the title. If it did, I would think the first means of identifying an authentic Roush would be;

does it say Roush 427R Mustang as the model? I don't recall reading that.

Is it my fault for signing a title that doesn't say Roush? Maybe I should ask Roush about this

just a minute ago you said the title stated it said Roush on it. Which is it?

and yes, you might call Roush and ask if they modify the cars pre or post assignment of the C of O (or simply ask them if Roush is reflected on the title in any way)



so:

It is written the same on both the bill of sale and the title--thanks for reminding me, so that makes two documents, not just one

does it actually say Roush anywhere on the title?

 

[Rachael427R]

My fault, no the title was not altered in any way. It says ford mustang. And according to Roush, the title would not indicate that it's a Roush. I did do some more research though and see authentic Roushes selling for $28k and as high as $35k--and those are manuals. Automatics like mine are worth less but they are very hard to find to compare to. I've talked to a few more people in the car industry as well and they don't think that paying below market value like I did would be taking advantage or a huge red flag. It happens a lot. Sometimes you find good deals and sometimes people need to make a sale for multiple reasons, even if that means lowering the asking price to below market value.