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Registered Ass-hat
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Used Car Sale Attorney: SoCal
Anyone have an attorney experienced in used car sales in southern california? A buddy sold a car to an out of state attorney (no representations, bill of sale as-is, etc) that is trying to extort money out of him. The buyer had a PPI completed by a race shop, so my buddy's liability is basically attorneys fees. My guess is he's trying to use the threat of filing across the country and the cost of an attorney to extort that sum from him. Well, homey don't pay that.
Any recommendations would be appreciated. Can PM me if preferred. |
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I wouldn't worry about it until or if he gets sued
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Coincidentally, I am now being sandbagged by an attorney on a sales commission. I may need to specify 'no transactions with attorneys' in future dealings.
I've always thought the best protection is to marry a woman with a JD and MD. Sadly, I've failed in my quest.
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Tell the moron who bought it that PPI is intended to stand for Pre-Purchase Inspection, meaning beforehand, where they can either walk away from it or negotiate out the findings of the report into the sales price. This is when the prerogative on how to proceed is all theirs. In this case however, it stands for Post-Purchase Inspection, which affords the buyer none of those options.
Of all the professions a used car buyer could have, you’d think that an attorney would be the one to do their proper due diligence prior to purchase enough so that they wouldn’t find themselves in this predicament. I’d gather this implies that this buyer/attorney is quite poor at their own profession, as proper due diligence is needed to be a successful attorney. If I ever got wind that this is how my attorney handles his own transactions (deals), he’d never be handling any of mine anymore. |
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Registered Ass-hat
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Totally agree, but I've told him not to engage without representation. The buyer already drafted the complaint and is holding it out as extortion currency.
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All said, does anyone have a good attorney rec? Note: I feel the need to clarify here. The car was in great working order.....taken straight from the track and mothballed for a few years. The fact that the car had been sitting (and prob needed fluids, damper rebuild, etc) was all disclosed (at least I was told that to be the case). Sold for a fraction of the parts costs and just solid track day/HPDE/race car. Last edited by Mehoff; 06-26-2019 at 05:55 PM.. |
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There is an attorney that writes articles for sport car market. He is in Oregon but probably could give your buddy a list of names. Your friend should be prepared to spend a few $$. I have two friends that had a similar experiences it was not a cheap problem to resolve unfortunately.
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I'm particularly crusty considering I could have had the car (wanted it for parts) but my offer was a good enough stalking horse to get this guy to come up to fair market value. Not going to post the car. This d-bag has zero ethics; a quick lexus nexus shows his "store-front" ****-box law firm does mostly nuisance suits and "hard money lender" representation in Staten Island. Should be easy enough to find with info already given. |
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How much is the buyer asking to get returned to him? And how much did the car sell for?
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Obviously your buddy isn’t going to pay him 15k. Was there any blatant misrepresentation of the car? Or is this number ‘made up’ in your mind? Unless the buyer has evidence that the seller used deceptive practices, as in lying and/or covering up major problems, they don’t have much to stand on otherwise. Without that, it falls on the buyer for not doing their due diligence. This sounds more like a bad case of buyer’s remorse with a blow hard with a law license that gets his thrills from using the law to flex his muscle and extort people. There is no winning with these schmucks, I wish your buddy luck. I’d do a lawsuit check on this guy to see if he’s a habitual offender, as in tons of lawsuits already been filed. If the track record is there, then a lawsuit is probably coming.
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Let him sue..... Then react......... anything prior is just letter writing ....... I agree w/ above who recommended to ignore......
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Two parties who live in different states have to use federal court to settle this, unless the buyer comes to his state to file. Either way, wait it out. |
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I doubt this would be a federal court claim at only 15k. And with the buyer an attorney himself, he’d likely file it in his own county regardless so that he can represent himself. While proper venue is a matter of law, unless the seller challenges it it would most likely stay put where it’s filed. And even if they do challenge it, it could still stay put if judge rules proper venue. I don’t see the buyer filing this lawsuit out of state.
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Former Options Trader !!!
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Was interesting as she was admitted to a hospital last month which she had sued successfully a number of times.
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Current:88 Guards Red Coupe, 89 Coupe Track Rat, 76 Caddy Eldo Convert. 2015 Aprilia Tuono Wrecked 1987 Targa Guards Red, 2003 Ducati ST4S Sold 1987 Granite Green Targa, 993's, 93 RSA, other 964 coupes, 89 911 Turbo Ruf mods, 90 e30 M3, 07 BMW R1200S STOLEN 94 Speedster |
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