electronics4u
Junior Member
What is the name of your state?What is the name of your state?I am in Frisco, TX. The company I paid to inspect the vehicle is governed by New Jersey law.
I have about 5 questions on the following case...sorry this is a long one:
I paid www.SGS.com to inspect a vehicle that was for sale on EBAY. The seller did not fully disclose the following:
Rust on the vehicle
Rear hatch handle does not work
Gas Tank release does not work.
Climate control gauge does not operate properly.
I made an agreement with the seller that I would buy the vehicle if the vehicle could be inspected by the company of my choice to verify that he was selling the car he listed on EBAY. The seller agreed. The company I chose to inspect the car was www.SGS.com The company was recommended by EBAY. I filled out the order form online and in the comments section I stated the following:
"Comments: Please check for signs of rust and any major mechanical defects"
On their website they state that they inspect the following:
ExteriorDamages/defects (from dents & scratches to flood & fire)
Panel alignment
Operation of moving parts including the door, hood and luggage lid
Prior collision damage
Non-factory paint and body work
Poor collision repairs
Visible damage to structural components
The condition of all tires including the spare
The tire size, the tread depth, and manufacturer
Modifications
Interior
Proper operation of electrical equipment including lights, seat controls, sound system & gauges
A listing of accessories and modifications
Presence of all knobs, switches & parts
Damage to upholstery and carpeting including cuts, tear, burns, wear & stains
Smoke or other odors
Proper operation of the heater & air conditioning
The mileage & notations of possible odometer tampering
Under Car
Fluid leaks
Visible condition of the exhaust system
Prior collision damage
Corrosion
Damage to visible structural parts
Visible condition of the oil pan, transmission housing and suspension system.
Poor collision repairs
Under Hood
Fluid leaks
Engine oil level & condition
Damage to visible structural parts
Visible modifications
Evidence of body work
Unusual engine noise
Condition of visible belts and hoses
Prior collision damage
Poor collision repairs
The inspection was completed on 8/17/2005. On the inspection there was no call out of the following defects:
Rust on the vehicle Picture here
Rear hatch handle does not work due to rust. Picture here
Gas Tank release does not work. Picture here
Climate control gauge does not operate properly. This can not be shown in a picture.
Clearly in the section above, they state that they would specifically inspect for these things. Additionally on the inspection regarding Rust. Their comments on the inspection were:
"No signs of rust starting. grill gaurd brakets on front. see pic." The picture was of two brackets that had some rust on them. The spelling is incorrect as this is exactly how it came back to me.
The next day after receiving the truck, I call SGS and filed a complaint. Three weeks later they have offered the following:
Refund of my inspection charge since they failed to take a picture of the engine of the truck with rust on it. Their claim is that the inspection for Rust would be for the body only. All of the other damaged parts would be my responsibility...they claim that the following in their Terms of Service protects them. If I wanted further action I would have to go to mediation. They refused my attempts to have a 3rd party inspector to inspect the vehicle for my claims and to use used parts to repair the car.
Their Terms of Service:
The liability of SGS arising out of any claim for loss, damage or expense of whatsoever nature in connection with its services hereunder, including without limitation, the inspection of a vehicle or the creation or posting of a Vehicle Inspection Report, shall in no circumstances exceed the fee paid by the Client for said services. SGS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS (INCLUDING LOSS OF THE SALE OR PURCHASE OF THE VEHICLE).
In my opinion, they have performed Gross Negligence on this inspection which would override the simple terms listed above. So my questions are:
#1 Since I did not state only look at the body for Rust...do I have a claim if there are rusted parts all over the car?
#2 If I chose to go through mediation, would I need an attorney? If not, is there a place I can get an outline of what is generally prepared and how it is prepared in a mediation case?
#3 If I chose to go to mediation. Could I ask for the following fees?
Fees to repair the car.
Fees for the mediation process
Any attorney fees if needed.
Costs associated with my having to miss work to prepare the paperwork.
Fees for shipping of documents for mediate process to them and to the mediation authority.
Pain and suffering fees based on the mental stress this has placed on myself and my family to resolve this issue.
Thanks for any help you can offer.
Chris
I have about 5 questions on the following case...sorry this is a long one:
I paid www.SGS.com to inspect a vehicle that was for sale on EBAY. The seller did not fully disclose the following:
Rust on the vehicle
Rear hatch handle does not work
Gas Tank release does not work.
Climate control gauge does not operate properly.
I made an agreement with the seller that I would buy the vehicle if the vehicle could be inspected by the company of my choice to verify that he was selling the car he listed on EBAY. The seller agreed. The company I chose to inspect the car was www.SGS.com The company was recommended by EBAY. I filled out the order form online and in the comments section I stated the following:
"Comments: Please check for signs of rust and any major mechanical defects"
On their website they state that they inspect the following:
ExteriorDamages/defects (from dents & scratches to flood & fire)
Panel alignment
Operation of moving parts including the door, hood and luggage lid
Prior collision damage
Non-factory paint and body work
Poor collision repairs
Visible damage to structural components
The condition of all tires including the spare
The tire size, the tread depth, and manufacturer
Modifications
Interior
Proper operation of electrical equipment including lights, seat controls, sound system & gauges
A listing of accessories and modifications
Presence of all knobs, switches & parts
Damage to upholstery and carpeting including cuts, tear, burns, wear & stains
Smoke or other odors
Proper operation of the heater & air conditioning
The mileage & notations of possible odometer tampering
Under Car
Fluid leaks
Visible condition of the exhaust system
Prior collision damage
Corrosion
Damage to visible structural parts
Visible condition of the oil pan, transmission housing and suspension system.
Poor collision repairs
Under Hood
Fluid leaks
Engine oil level & condition
Damage to visible structural parts
Visible modifications
Evidence of body work
Unusual engine noise
Condition of visible belts and hoses
Prior collision damage
Poor collision repairs
The inspection was completed on 8/17/2005. On the inspection there was no call out of the following defects:
Rust on the vehicle Picture here
Rear hatch handle does not work due to rust. Picture here
Gas Tank release does not work. Picture here
Climate control gauge does not operate properly. This can not be shown in a picture.
Clearly in the section above, they state that they would specifically inspect for these things. Additionally on the inspection regarding Rust. Their comments on the inspection were:
"No signs of rust starting. grill gaurd brakets on front. see pic." The picture was of two brackets that had some rust on them. The spelling is incorrect as this is exactly how it came back to me.
The next day after receiving the truck, I call SGS and filed a complaint. Three weeks later they have offered the following:
Refund of my inspection charge since they failed to take a picture of the engine of the truck with rust on it. Their claim is that the inspection for Rust would be for the body only. All of the other damaged parts would be my responsibility...they claim that the following in their Terms of Service protects them. If I wanted further action I would have to go to mediation. They refused my attempts to have a 3rd party inspector to inspect the vehicle for my claims and to use used parts to repair the car.
Their Terms of Service:
The liability of SGS arising out of any claim for loss, damage or expense of whatsoever nature in connection with its services hereunder, including without limitation, the inspection of a vehicle or the creation or posting of a Vehicle Inspection Report, shall in no circumstances exceed the fee paid by the Client for said services. SGS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS (INCLUDING LOSS OF THE SALE OR PURCHASE OF THE VEHICLE).
In my opinion, they have performed Gross Negligence on this inspection which would override the simple terms listed above. So my questions are:
#1 Since I did not state only look at the body for Rust...do I have a claim if there are rusted parts all over the car?
#2 If I chose to go through mediation, would I need an attorney? If not, is there a place I can get an outline of what is generally prepared and how it is prepared in a mediation case?
#3 If I chose to go to mediation. Could I ask for the following fees?
Fees to repair the car.
Fees for the mediation process
Any attorney fees if needed.
Costs associated with my having to miss work to prepare the paperwork.
Fees for shipping of documents for mediate process to them and to the mediation authority.
Pain and suffering fees based on the mental stress this has placed on myself and my family to resolve this issue.
Thanks for any help you can offer.
Chris