Bought A Lemon Hybrid

[boughtalemon]

Thanks to all of you for taking the time to help me in this trying matter. Your advice is genuinely appreciated.

[Shawn Clark]

Since the person has already signed something saying they will pay for repairs, the hardest part is to truly find them. They might not have a dime so it could be a dead end. However, once they are found the appropriate course can be taken whether it is done through a private attorney or the DA. Chances are this is one of a multitude of scams they are pulling. Therefore I suspect that actually finding them will be the hard part.

As I learned with a hit and run, just locating them is not sufficient for getting a settlement. They can ignore legal notice (lacks teeth) until you can find some sort of authority/leverage that forces them to respond. In my case it was locating their place of business...they happened to be a business owner so I was going to go after their business insurance first...they didn't want that and once they figured out my game they capitulated. You might have to pursue small claims and locate their bank accounts, property etc. to place liens against them.

Figuratively...find their balls and put them in a vice grip. Literally would be better, but figuratively should work.

[boughtalemon]

Originally Posted by tochatihu

Good luck with the legal remedies; it would seem that you are better off without this car.

If you decide to keep it, contact Art's Automotive in Oakland or Luscious Garage in San Francisco. They are the go-to shops in your area and you're lucky (in this aspect at least) to be near them.

Post updates please.

I was looking for a second opinion. Thanks sooo much!

[boughtalemon]

Originally Posted by Shawn Clark

Since the person has already signed something saying they will pay for repairs, the hardest part is to truly find them. They might not have a dime so it could be a dead end. However, once they are found the appropriate course can be taken whether it is done through a private attorney or the DA. Chances are this is one of a multitude of scams they are pulling. Therefore I suspect that actually finding them will be the hard part.

As I learned with a hit and run, just locating them is not sufficient for getting a settlement. They can ignore legal notice (lacks teeth) until you can find some sort of authority/leverage that forces them to respond. In my case it was locating their place of business...they happened to be a business owner so I was going to go after their business insurance first...they didn't want that and once they figured out my game they capitulated. You might have to pursue small claims and locate their bank accounts, property etc. to place liens against them.

Figuratively...find their balls and put them in a vice grip. Literally would be better, but figuratively should work.

Thanks soo much Shawn. Your last comment made me laugh out loud which I needed. Im trying not to allow this situation to stress me out but its difficult. Im a hard worker and it (sadly) took effort for me to get that my money together and for someone to take advantage of me is hurtful. Finding this scum bag will be like finding a needle in a haystack. Thanks again!

[bedrock8x]

As I stated before if the car is sold "AS IS". it is the buyer's responsibility to find out the condition of the car. This relieves the liability of the seller, as sometimes the owner does not know what's wrong with the car. This is why private seller always invoke the "AS IS" clause.

Second it is you words against his words about who the previous owner is, very difficult to prove in court unless you have a recording.

Originally Posted by a priori

I doubt California law is that different from the rest of the U.S. in terms of fraud.

The evidence is that the seller used misrepresentations with the intent that nd the seller's benefit -- and that those things all did happen.

The seller lied (sole owner; wife was the only user; had to replace for a reason other than a problem with the car; suggested the value was significantly higher than it really was; agreed to repair with no apparent intent of doing so), the buyer relied on it, and it has caused damages to the buyer.

Fraud is not an easy thing to prove, but the facts here are pretty strong.

[djasonw]

I find it amazing that in this day and age people continue to get duped and taken advantage of. With all the tools we have available to us it boggles my mind that with just a little due diligence this whole issue could have been avoided. First off, I would go to the guy's house and punch his lights out. Ooopss scratch that.... that's just wishful thinking.

I am truly stumped here because I don't think you have any legal remedy especially if you bought it as is. It is not a criminal matter but definitely a civil matter. You can try and sue the guy and if he doesn't show up in court you will be given a default judgment. Then you can have his wages garnished or his bank account attached and recover some/all of your money.

[fuzzy1]

Curbstoner.

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Why all this focus on "As Is" when the OP clearly did not buy it on this basis?

[The Electric Me]

Originally Posted by bedrock8x

As I stated before if the car is sold "AS IS". it is the buyer's responsibility to find out the condition of the car. This relieves the liability of the seller, as sometimes the owner does not know what's wrong with the car. This is why private seller always invoke the "AS IS" clause.

Second it is you words against his words about who the previous owner is, very difficult to prove in court unless you have a recording.

Yes, but a couple of things. First in the original post, the buyer did NOT buy it "As Is" he bought it with an evidently signed agreement that the seller would warranty it for a month. So it was not sold represented as "As Is".

Secondly, determining previous owner can easily be done. DMV's have records. Which is how the OP evidently found the previous owners.

[bedrock8x]

Although the seller signed an agreement for repair, it does not mean it is not purchased As Is. Let the OP clarify this.
IMHO, the seller seems to be a flipper, buying cars and selling cars for a living, he will be smart enough to sell cars As Is to protect himself. The repair agreement is just a bait since he has disappeared.

When I sold my mini-van, I have the buyer signed an agreement that it is sold As Is and signed by a witness. This is to protect me from getting sued if the new owner claimed that the brake failed and causing him to crash into a pole and he get permanently disabled, even I know the brakes are good at time of sale.

Originally Posted by The Electric Me

Yes, but a couple of things. First in the original post, the buyer did NOT buy it "As Is" he bought it with an evidently signed agreement that the seller would warranty it for a month. So it was not sold represented as "As Is".

Secondly, determining previous owner can easily be done. DMV's have records. Which is how the OP evidently found the previous owners.

[jay_man2]

Here in Virginia it's easy enough to go to Small Claims Court and get a judgement. When I did it a decade ago over a contract breach, it was $30 to file. I got a summary judgement for over $10 grand, and never saw a penny. The judgement is the easy part. Finding the guy and finding assets that could be used to satisfy the judgement is a whole other matter.