Shameless confession of a bad buying experience - advice needed.

[rxtrom]

First of all I didn't know where to post this but could use some advice. I purchased the car from a "broker" who posted a classified on Ebay and then we conducted the deal privately. It wasn't from a member here but I thought I would share my experience and see if anyone, Possibly a TX attorney could provide some insight.

For all intents and purposes this was a Private party sale which I know limits my legal options. The person claimed to have a dealer license but then said he was a broker selling on behalf of someone else and then when the title and bill of sale arrived it was signed by the PO.This car checked most of the boxes and I have been looking for a while and felt the pressure of the other potential buyers.

So basically the seller claimed the car had original paint. It looks like maybe one of the doors was resprayed- hard to tell.

The car also had a crushed oil line that I needed to resolve as well as an odometer that was not working, a major crack in the dash that I could not see from pictures and some seat wear that was not pictured either.

He claimed he did not know any of this and we settled on a payment of 4k over 90 days with payments made periodically.

Well as you may have already guessed. No payments have been made and he is not going to.

I called a few attorneys in TX and the one that will help me said I have a thin case but it will be $600 for a letter and $1500 to go to trial regardless of judgement and even if I win there is no certainty of payment. I could fly down and do small claims but I am still looking at a plane ticket, maybe a hotel and missed work.

Should I just walk away slowly while peppering the seller with phone calls? I contacted the PO and he was not really helpful and did not share anything about the door issue, he said it was all original...

Thanks in advance for any help. Feel free to PM me if anyone wants details.



Thanks again. Good info in here. Deep down I felt I needed to just walk but its hard to follow through with that on your own. Love these forums.
Here are some pics as requested.
[URL=http://s756.photobucket.com/user/rxtrom/media/85%20Carrera/Photo%20Sep%2013%207%2035%2031%20PM_zpshnqizz2n.jp g.html]

[wildthing]

Sorry to hear your story. I've been scammed for much less so can't really say what I'd do in such q situation.

I guess sometimes we all become cautionary tales of what not to do...

[McLovin]

If those are the only two issues (repaint and crushed oil line) walk away and consider yourself lucky.

A relatively small price paid for the lesson learned.

[billh1963]

Originally Posted by McLovin

If those are the only two issues (repaint and crushed oil line) walk away and consider yourself lucky.

A relatively small price paid for the lesson learned.

Yep...if the car isn't rusty and runs/drives good then you will be okay.

It will piss you off for a while. However, over time you will fix the issues (oil line first!) and come to enjoy the car.

[dad911]

Originally Posted by McLovin

If those are the only two issues (repaint and crushed oil line) walk away and consider yourself lucky.

A relatively small price paid for the lesson learned.

This. I wouldn't spend good money chasing bad.

[EdRogers]

The door issue might not be from an accident. Probably, but not definitely. The reseller probably just quoted the car fax report. The crushed oil lines seem to be par for the course for buying these cars. Kind of like an old battery, just something we have to deal with as being owners of these cars. The odometer not working is a big deal! The information this gives is vital to us in valuing our cars. When a seller tells me the odometer broke six weeks ago, that translates to six years ago or more.....

[911 Rod]

That's it? I think you got off easy. I've inspected cars and found worse after.

[Brando]

Have you run an AutoCheck history on the VIN? If the door was replaced or replaced + repainted due to a collision the AutoCheck might be able to find it in the history. If not, it could have been scraped/scratched and repainted or other damage not structural.

As for the crushed oil-line, where was it? I have seen shops not familiar with these cars try to lift the car and accidentally crush the lines. If your car has A/C the same happens on the left-hand side to the A/C lines. At least with the A/C lines you can undo the bracket and move them out of the way.

If there's no critical structural damage to the chassis (get a PPI as soon as you can) consider it a learning experience and move on with your new car and enjoy it as best you can.

[DeRRis]

Just enjoy the car and let karma do its work.

[rxtrom]

Thanks for the advice everyone. It is soo painful to walk away. After some internet research this guy is a shady SOB and has pissed off many ppl. I feel some sort of duty to put him in his place.

This whole time while he was making the agreement he did not have any intention on keeping it.

[matthewb0051]

I am somewhat confused by what has occurred. Did you take possession of the car at a price you have not said in the first post? Second, what is the $4k over 90 days? Is that money he is/was supposed to pay you back for the found damages?

If, like I suspect, he was paying you back discount from the damage then it really depends on how much you actually spent.

[stevej37]

I would "walk away"....think of it as a learning experience.

[bhmkv]

I would say you got off easy. Bought my car the NJ from a broker. I was second or third in line. Found s number of issues right away. Put about 10k into the car to make it right. Dealer sold me a car with 15 yr old tires, leaking batt, no fifth gear, seized brakes, rusted brake lines, crushed oil line and more...

[rxtrom]

Originally Posted by matthewb0051

I am somewhat confused by what has occurred. Did you take possession of the car at a price you have not said in the first post? Second, what is the $4k over 90 days? Is that money he is/was supposed to pay you back for the found damages?

If, like I suspect, he was paying you back discount from the damage then it really depends on how much you actually spent.

Yes. I took possession brought it to a air cooled shop near me and found several issues but I listed the major ones and spent over 4k to correct them. I paid the shop and the broker was going to pay me and we settled on 4k.

[matthewb0051]

Originally Posted by rxtrom

Yes. I took possession brought it to a air cooled shop near me and found several issues but I listed the major ones and spent over 4k to correct them. I paid the shop and the broker was going to pay me and we settled on 4k.

Got it.

Then it comes down to the cost benefit analysis of your time, expenses, and aggravation of going to Texas to court and also consider the potential that you may not be able to enforce a judgment anyway. All of that weighed against the cost paid for the car.

You may want to look at the Texas Deceptive Trade Practices Act. Or contact the State Attorney General's office and discuss with them.

I don't envy your position. Best of luck, hope the car works out for you.

[DanielDudley]

If you live in Connecticut, maybe take the car over to Dan Jacobs and have him take a peek at it.

Post purchase inspections are never a bad idea.

[NYNick]

$4k is $4k. I too would recommend walking away.
However, I'm from NY. A call to Uncle Carmine the knee breaker might be in order.

[bhmkv]

Originally Posted by DanielDudley

If you live in Connecticut, maybe take the car over to Dan Jacobs and have him take a peek at it.

Post purchase inspections are never a bad idea.

Dan is great! I can second this recommendation.

[86 ssinit]

Well first off welcome!!! If even after the 4K you still love the car. Congrats!!!! If not sorry.... But go drive it I think you will enjoy it. 4K really ain't that bad there are lots of worse stories here. Next where's the pictures!!! Pictures are required.

[Cajundaddy]

"shady SOB..." Don't walk, run away from this guy. He will bleed you dry over several years of failed agreements and uncollectible judgements it will adversely affect your health and your personal relationships. Fix the car, enjoy the car, and don't waste another precious moment fretting over this shyster.

Life is short, trust in the karma. Next car purchase, do ALL your homework first.