Hear/Say & Counterclaims

[kedra]

What is the name of your state? Michigan

I am defending a case against me re: a car I bought last year.
The agreement signed between us was not the car I received. The agreement stated "as equipped" (not as/is) Im under the impression the 'as equipped' can be defended as 'in good working order'. The agreement also went on to list some specifics "4x4, air, L rack, alloy wheels, anti theft"
First off there is no anti theft device on the car, the air didnt work, the 4x4 didnt work properly.. I did have the car test drove and checked out before hand but nothing showed wrong during test drive and at the time I couldn't afford to have a shop look at it.
So the dealer is sueing me for the balance I owe him which is 830$. My first question is, should I deny the claim or should I accept and counterclaim for the repairs Ive done and the estimate I have for the rest. I tried to reason with him and even told him I only wanted off what I got an estimate for (which was around 600$).
Secondly, I did speak to a lawyer for some advice and was informed I cannot go into court and explain to the judge anything the mechanic said to me. As soon as I say 'the mechanic told me' it's hear/say and the judge won't hear a word of it. So my question is, is a statement written and noterized by the mechanic accepted if I cannot get the mechanic in to testify for me? He is willing to write me the statement and have it noterized.
I appreciate any advice..

also, does it make any differance if I never actually signed the purchase agreement??

 

[tijerin]

What is the name of your state? Michigan

The agreement signed between us was not the car I received.
also, does it make any differance if I never actually signed the purchase agreement??

OK, I'm confused. How could you have, at the same time, SIGNED and agreement and NOT SIGNED an agreement??

 

[kedra]

re:

That was a last minute thought/question..
The agreement I have for the car which all evidence coinsides with doesnt actually have my signature on it (I never signed anything). Which is the contract/sales agreement.
So I was thinking that perhaps the judge could throw out both our cases considering neither of us had any kind of written binding agreement.
Sorry tho, it was an afterthought. I am pretty much going to defend along the lines of what really happened, I was just wondering if there was any legal issues reguarding a suit against me with no signed agreement.

 

[JETX]

So my question is, is a statement written and noterized by the mechanic accepted if I cannot get the mechanic in to testify for me?

Not usually. The problem with a notarized statement, especially one for an OPINION, like this one, is that the court cannot see the 'witnesses' demeanor during testimony and the defendant does not have the chance to cross your witness (as it is just a piece of paper).

He is willing to write me the statement and have it noterized.

Have him served with a subpoena forcing him to appear and testify.

also, does it make any differance if I never actually signed the purchase agreement??

No. You took the vehicle, didn't you?? As such, that is 'acceptance'.

Now, as for your other PROBLEMS:

The agreement signed between us was not the car I received.

Are you telling us that you drove the wrong car home?? You bought a Chevy and drove home a Ford??
Of course not.

The agreement stated "as equipped" (not as/is) Im under the impression the 'as equipped' can be defended as 'in good working order'.

Your 'impression' is NOT correct. 'As equipped' only applies to the equipment on the vehicle.... not its condition.

The agreement also went on to list some specifics "4x4, air, L rack, alloy wheels, anti theft"
First off there is no anti theft device on the car, the air didnt work, the 4x4 didnt work properly.

Okay, lets take these one at a time.
'Anti-Theft': This is a very broad term and can mean anything from having a Club steering wheel lock, to an installed 'Lo-Jack' system. So, what EXACTLY did the dealer tell you when you asked what system??

Air/4x4: Those are items that you, or your mechanic, were responsible for checking BEFORE you purchased.

I did have the car test drove and checked out before hand but nothing showed wrong during test drive and at the time I couldn't afford to have a shop look at it.

Then your loss. Have you ever heard of 'Caveat Emptor'?? It means 'Buyer beware'. You, as the buyer, are responsible for 'due diligence' in having the vehicle inspected BEFORE you purchase it.

So the dealer is sueing me for the balance I owe him which is 830$. My first question is, should I deny the claim or should I accept and counterclaim for the repairs Ive done and the estimate I have for the rest.

Based on your post, I would pay the dealer the $830 owed. Then, try to negotiate some type of compensation for your repairs. Though the dealer has NO legal obligation to do so, sometimes they will as a 'good community' gesture.

 

[seniorjudge]

"...The agreement signed between us was not the car I received...."
Explain this, please.