Fraud or not

[JanChop]

What is the name of your state? ILLINOIS
I am in louisiana but this sale took place in Illinois.A commerical use vehicle was advertised via a website that allows postings from dealers and nondealers free. I made contact with a seller by phone, talked several times and was told that the only thing wrong with the truck was a a/c belt missing. No accident damage. Told truck ran regular in his trucking business and he ownd it for 2 years. Pictures were posted that showed this truck to be in top cindition. Faxed over copy of cashier's check made to seller and he faxed copy of title. Took bus up to Illinois and was picked up by seller at depot.It waslate and truck was placed up against a wall of building could not get behind it. I bought it and started home. Rain pored thru holes in cab where lights are mounted, engine is not the sized he advertised it at (got specs from dealer) Tires were ad. as new but are recaps,does not have an a/c unit in the inside of vehicle only the under hood componets,frame is bent over rear axle.Truck was involved in accident in Wisconsin in 2002. He claims to not be a dealer but I found information that shows he has been advertising and selling commerical trucks and trailers for awhile now. Plus the signs and DOT NOS. he had on truck to make it appear to be a legally running truck does not belong to him.
Is this internet fraud, or any type of fraud like theft by fraud that I can hang him with?
Please only helpful answers not "you were the stupid one to buy" I already know this!

 

[JETX]

"Is this internet fraud, or any type of fraud like theft by fraud that I can hang him with?"
*** No. Look under 'Caveat Emptor'.

 

[JanChop]

Doesn't most states have laws that protect people from deception or fraud by sellers? In louisiana it is called "theft by fraud" Fraud is classified here as even "silence of a fact to gain a disadvantage over someone"

 

[I AM ALWAYS LIABLE]

Doesn't most states have laws that protect people from deception or fraud by sellers? In louisiana it is called "theft by fraud" Fraud is classified here as even "silence of a fact to gain a disadvantage over someone"

My response:

Yeah, but here's the problem pal. You crossed State lines. Many State lines. That makes exercising your rights difficult at best, and costly.

You made many mistakes yourself, e.g., taking delivery at night, buying across State lines, believing the seller's "puffing", failure to have the vehicle inspected by your own mechanic before buying, etc., etc., etc.

Basically, because of the costs involved, and since you'd be spending dollars to get back pennies, the reality is, you're stuck.

Next time, buy locally and have the property inspected by an expert. You saved pennies by not having it inspected, and now you're "out" big time dollars.

IAAL

 

[JanChop]

Well, I have the state police of Illinois involved and I have the USDOT involved. It does make a big differance when we are talking someone acting as a dealer w/o a license and also a commerical truck.....FYI:Where I live the ripoffs are even worse that is why I went out of state....But at least here we have laws....

 

[I AM ALWAYS LIABLE]

Well, I have the state police of Illinois involved and I have the USDOT involved. It does make a big differance when we are talking someone acting as a dealer w/o a license and also a commerical truck.....FYI:Where I live the ripoffs are even worse that is why I went out of state....But at least here we have laws....

My response:

You may have two agencies involved, but that's between them and the seller. They are not in existence for the purpose of getting your money back or representing you. If you want to exercise YOUR rights (which you have none), then you're going to have to foot the expenses of your own lawyer.

Yeah, I know you "have laws" where you live. That's why I said to "buy locally". That way it won't cost you so much to exercise your rights.

IAAL

 

[JETX]

Okay, since you haven't quite figured this out yet... here are some real CLUES:

No matter what the guy told you about how great it was, how low mileage, whether the a/c worked or not.... none of that is relevant to your problem. Do you know why??
Because YOU as the buyer have the responsibility of DUE DILEGENCE. Simply, that means it is YOUR responsibility to have the vehicle checked out, both in your looking at it.... and having a mechanic look at it BEFORE you purchase.

"It waslate and truck was placed up against a wall of building could not get behind it."
*** Then you should have waited until morning.... or at least brought a flashlight.

"I bought it and started home."
See above.

"Rain pored thru holes in cab where lights are mounted"
*** You mean you didn't notice the holes???

"engine is not the sized he advertised it at (got specs from dealer)"
*** Would have been noticed by your mechanic.

"Tires were ad. as new but are recaps"
*** Mechanic again.

"does not have an a/c unit in the inside of vehicle only the under hood componets"
*** You should have seen that.

"frame is bent over rear axle."
*** Mechanic again.

"Truck was involved in accident in Wisconsin in 2002."
*** CarFAX would have told you that (presumably). How did you find out?? And why didn't you find out BEFORE you bought it??

"He claims to not be a dealer but I found information that shows he has been advertising and selling commerical trucks and trailers for awhile now."
*** Depends on what you (or more accurately, the state) defines as a 'dealer'..... and whether it is a problem or not.

"Plus the signs and DOT NOS. he had on truck to make it appear to be a legally running truck does not belong to him."
*** And presumably, the mechanic would have checked the VIN, etc. when you had them look at it.

One more thing.... you had a copy of the title before the purchase. What research did YOU do??

BTW, 'caveat emptor' is latin for "let the buyer beware." The basic premise that the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is "as is" or when a defect is obvious upon reasonable inspection before purchase.

Clearly, you didn't perform the proper inspections that you were obligated to perform BEFORE the purchase.

 

[JanChop]

I am not worried about the a/c problem I am concerned over the bent frame of a commerical use vehicle.It is bent in a place that is not readily seen.Yes a mechanic probably would have seen it because they would not have been so tired as us after 30 hours on the road....We are accepting blame here also but we don't take advantage of people and expect people to act the same to us. That is what is our fault.
I did a carfax report before and was told the truck was approved for the buy back program...Yes, it did show accident. We were showed a repaired front fender....But you guys know how that works if it was REPORTED TOTALLED OR SALVAGE THEN I have carfax but.....Truck was purchased by the seller out of Wisconsin...Checked the laws there and they are just as libel as IL. over used motor vehicles.
No we could not see the holes there is a headliner in the cab and rain followed a path leaking into the cab above the passenger side visor. We checked the roof and all roof mounted lights and horns seemed to be tightly mounted. until I puleed the headliner down I could not find the holes.
Plus there is a boot between the sleeper and cab that checked out to be new but he had not sealed it off good and rain poured thru there also.
Engine size 315 HP OR 400 CAN YOU TELL BY LOOKING AT IT
In IL he would be considered acting as a dealer if he sold 5 or more vehicles in a year. I have found at least 5 trucks and 1 trailer he advertised or sold...
No, the USDOT AND STATE POLICE MIGHT NOT GET MY MONEY BACK BUT IF I CAN MAKE HIS LIFE HELL I WILL. Dept of Revenue is already seeking him out and Iif I can get IRS out there I will because if he is crooked enough to do this he is not reporting sells to IRS for tax purposes....Lets see if he reports this $15,000.00