Small claim court/attorney... feedback

yasir · 03-01-2013, 01:08 PM

Had a PPI done by an out of State Porsche dealer and they missed peeling clear coat on the wheels

, a chipped cermaic rotor

and a failing battery

The funny thing is, in my initial email to the service advisor, those were actually some of the things I really wanted them to look closely and yet they screwed up.

Wheels: It's a no brainer they missed them but they weren't worth the hassle for me to pursue, just by themselves. ( I think I have a case here)

Battery: Porsche service advisor wrote me in his email the car had an Audi battery which is far better than the Porsche... Well 5 weeks later I got stranded and Autozone guy came over and changed the dead battery. Can you believe it, the car still had original Porsche battery. ( I now have a letter from the guy who changed the battery) ( I think I have a case here too)

Ceramic Rotor: On my way back from picking up the car, I had a flat tire and once home when I took the wheel off, I noticed the clear coat issue and the chipped rotor.
Ofcourse I sent them the pictures the following day but it is my word against them. Lucky for me, few months later, I found one of the previous owners of the car on one of the forums who acknowledged that the car did have a chipped rotor when he owned the car as well.

He is now willing to write me a note which makes me feel better 'coz I can now go after the dealership.

Question however is: What kinda a note do I need which I can present to the court to verify the rotor was chipped even before I bought the car?

Can I claim my cost of travel/coverage for the office (physician) while I take them to court?

Any feed back be greatly appreciated?

Thanks

ckelly78z · 03-01-2013, 01:20 PM

I realize you have some valid issues with the dealership, and was wondering if there was any way to work it out with them (parts exchange/new battery....etc), rather than missing a day(s) of work to do the court thing and possibly being out of luck completely with the parts and the lost wages.

Sometimes we have to pick our battles, and I just don't know if this one I would pick.

cashflyer · 03-01-2013, 02:07 PM

What specific remedy are you seeking?
I think, depending on state laws, the limit of their liability may be to refund your PPI cost.

yasir · 03-01-2013, 02:34 PM

I think I have a case here and I have decided to go after them,period.

I will be seeking $3000 (rotor), $2000 (wheels refinishing), $200 (battery) plus my time/travel etc to a total of $6000-$7000

It's a matter of principle so I am not too worried about losing the case...

I am going to try holding them responsible for their act.

The main guy at the dealership told me tough luck... Move on...So we will see.

How could they screw up a job and then not be responsible

motion · 03-01-2013, 02:38 PM

Wow, just wow. Sorry, but not in agreement here.

SeanPizzle · 03-01-2013, 03:10 PM

you are what is wrong with america. Some people are always looking for people to blame and sue. Dude, the car is used. There will be issues. What's a battery cost $150? What does it cost to resurface a wheel? $200. Is the chipped rotor even a functional issue?

It is a used car. Suck it up. None of them are perfect. Caveat emptor. Sounds like buyers remorse.

widgeon13 · 03-01-2013, 03:20 PM

Used car, you should be happy there aren't more serious things wrong.

Christien · Christien's Garage

Quote:

Originally Posted by SeanPizzle

you are what is wrong with america. Some people are always looking for people to blame and sue. Dude, the car is used. There will be issues. What's a battery cost $150? What does it cost to resurface a wheel? $200. Is the chipped rotor even a functional issue?

It is a used car. Suck it up. None of them are perfect. Caveat emptor. Sounds like buyers remorse.

I disagree. The whole point of a PPI is to be someone's eyes when they can't be there themself. I can see missing some small things, but hell, a chipped rotor? Peeling clearcoat? Stating the wrong kind of battery?

If that's acceptable in a PPI, then there's no point in having one - you may as well buy the car blind.

But like cashflyer said, I'm 99% certain that there's no liability on their part - a court would have them refund the cost of your PPI, and nothing else.

What you need to do is go after the seller. I think you might have a case for non-disclosure of the rotor. The battery, not a chance - that's a wear item. Peeling clearcoat on a wheel? I doubt it. But the rotor is something that should be disclosed by any honest seller.

Hugh R · 03-01-2013, 03:37 PM

Sold as is" I hope. Not going to sell you a car ever.

motion · 03-01-2013, 03:40 PM

Quote:

Originally Posted by yasir

It's a matter of principle so I am not too worried about losing the case...

Frivolous with a capital F.

GH85Carrera · GH85Carrera's Garage

Quote:

Originally Posted by motion

Frivolous with a capital F.

Yep.

Gogar · 03-01-2013, 04:11 PM

Did you sign a contract for the PPI?

GWN7 · 03-01-2013, 05:11 PM

Other than the battery (they can go at any time), he paid a company to tell him what was wrong with the car. They failed to do so and he can document that fact. Minimum they owe him is a refund of the PPI cost. Depending on the judge if he can show that the difference between a very good car and a average cars price (Kelly Blue Book Values) and the rotor he might get them to pay up. After all he bargained for the price of the car based on their report.

yasir · 03-01-2013, 05:45 PM

I am very surprised on some of your responses on this issue. If we are buying a used car then what's the point in doing a PPI?

If they are going to **** up the PPI and hold the prospective buyer responsible for their over sight, then why the heck am I even getting a PPI?

Why can't they be held responsible for their acts?

The wheels are painted white on the inside of the spokes and silver the rest (special wheels) and yor Mo Jo shops are not going to touch them.

Mounting/dismounting tires > shipping from KY>CA-------repair ......shipping >KY > mounting/balancing and you think all that is going to cost $200

The dealership knows I am out of State and basically told me go Xuck yourself which is boiling my blood.

All I want to prove is, they didn't do what they were asked and paid to do? Once I can prove that, then I can ask for the repairs.

To these low life dealers even $10 means a lot so what ever I can make them pay is going to be a bonus.

gshase · 07:05 PM

I have won in both (JP & Civil) court and walked away with money. Wife was not happy they were drug out for over 2.5 years and It was not worth it in the long run but I was PISSED Off like you were. I do not see the court awarding anything for your expenses. You will need an expert witness not only to highlight your issues but to point out the issues were their error and they did not happen on your drive home. Small claims court is fun to watch on TV when both sides sign a binding contract and both sides are paid to appear on TV, but most likely they will LAWYER UP and you will be lost. If you win you have to collect and they will appeal it to a civil court and you will have to LAWYER UP as they did. You will have a court date and the day before they contact the court for some kind of BS delay. Yes lots of delays. My initial damages was $800 we won $5300 and most went to the LAWYER. AS for the NOTE you will need a sworn affidavit from the witness and most likely he will need to appear in court. Lastly they will know you are out of state and they will take advantage of it. I keep a copy of my winning check in my office as a reminder.

KaptKaos · 03-01-2013, 08:42 PM

Have fun suing them out of state. You will lose jurdisction, so you will have to travel. Then they will get continuances, and delays, and you will travel again and waste more time.

Could you win? Sure.

Won't be fast, won't be easy and likely, in the long run, won't be worth your time.

Good luck anyways.

Noah930 · Noah930's Garage

Quote:

Originally Posted by Christien

If that's acceptable in a PPI, then there's no point in having one - you may as well buy the car blind.

Totally agree. If these were items which you specifically asked the dealer to address, it's totally negligent for them to have missed them.

But in the world of what's realistic and practical, you're wasting your time going after them legally. And to go after them for several grand when the PPI is just a couple hundred bucks isn't entirely reasonable.

In today's internet age, leave poor reviews electronically. Tell us the dealer's name. Warn future Pelicans against doing business with this lazy dealership. Put a review on Yelp or file a complaint with the BBB. That's about all you get out of this.

wdfifteen · wdfifteen's Garage

Go for it yasir. What's the point of paying anyone to do a PPI if they aren't going to inspect the car? If everyone in your situation just let it go a PPI will be nothing more than charging buyers $300 to let the car sit on their lot a few hours. Somebody has to keep them honest. Get the cost of the PPI and safety issue (brake rotor) out of them in small claims court. It's cheaper and you're more likely to prevail. Suing for $7000 makes you look bad.

Icemaster · Icemaster's Garage

Did you write them a check or use a credit card? Dispute it if the latter.

legion · 03-02-2013, 05:56 AM

Expect to have a court date every 1.5 months for the next two years. Expect to spend a minimum of $500 in court fees. And that's if the other guy doesn't show up and you get a default judgement.

***Rant***

And that is what is wrong with the "justice" system. It is supposed to be a venue for the quick and easy resolution of civil disagreements, but the courts grind along painfully slowly and impose numerous fees. When I sued an ex-realtor, I got a default judgement during my first appearance, but it took almost two more years before the court would actually order him to pay.

If someone ever sues one of you, just don't show up to court. Someone really has to have a lot of time and persistence to actually get anything bad to happen to you. And if it does get to that point, you can always show up at the last minute and give the judge a bogus story about how destitute you are.