I got f@#$ed over last night

patsti

patsti

NitrousFed
so i traded cars for a well running dsm awd turbo... signed papers and left (wrote sold for 500 on both bills of sale).

so i get from Alfred to Bido and as soon as i turn to get on the highway... every gear grinds. as if the clutch wont disengage(he said he fixed that problem and it seemed to be when i got it)...

so i get in gear call him and tell him i want my car back ill be there in 20 mins. so i am no on 95 and had to turn around in soco where i lost all clutch and tranny and had to have my roomate push it to a parkinglot.

The kids mom calls and says she is gettting AAA and she will pick me up in 20mins.

so i wait 1h 30m and nothing call AAA and she never called them.

so my cuz came and got me(he lives in kbunk) and drove me to the kids house who was gone and had my plates on the car (because in the rain and stuff i forgot them and when we spoke i told him no to drive with plose plates on the car)

so i call the cops to report the plates stollen and they then tell me to bad call him they aren't stollen unless he refused to give them back(which is what i feel he is doing (since i went back and told him i was going to get them)).

the catch here is I still have the title to the 1999 jetta and he doesn't. He just has a bill of sale.

I am not going to give the title to him I just want my car back.

oh and he has no license so if today I call and he doesn't return my call the plates are then stollen said the cops.

WTF Iam sooooo pissed what should I do and realistically?

 
Was the Bill of Sale written as "As-is, Where-is"? If so, yeah - you're cookieed. Obviously this kid new that the transmission had this issue, and it would only show itself when really warmed up so he could sell it and run.

Can you get your plates back? Of course. Just a matter of time, really. Can you get your car back - probably not. A Bill of Sale can hold up in court, as long as it wasn't forged or illegally altered or anything. My bets are that you'll end up taking this to the mat, in which case if "as-is" was written he'd win.

 
Private sale, as is-where is, doesn't matter. There isn't any inplied warrantee. You got what you paid for. In a DSM, you're lucky you made it that far. Obviously the guy thought he fixed the problem, but didn't.

Now, put the shoe on the other foot. If the Jetta crapped on him, would you trade him back? You'd laugh all the way to the bank and don't say you wouldn't. It's called buyers remorse. All DSM owners feel it.

With the bill of sale, all it's gonna take is 30 days and he can get a title.

 
you happen to have his address? cause, i mean not that i would. . ..but you know me and tonyq get kinda squirrely when we get drinkin.. . ..what im trying to say is we will burn his house down if you want
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so today i started to look it over... the rear drive shaft poped off... the tranny was missing some brackets (which i guess he put in the trunk?) and the clutch slave cyl was covered in fluid... (so iam going to buy a new one).

the only thing is I broke the steering wheel and the wheels wont turn (it ratchets like when i was pushing it it broke). so now i need to fix that I think its a key or something???? or i might need a joint in the steering column.

anyways I reported the plates stolen so he will be caught driving without a license and illegal attachment of plates. ( i love dsm's and know there are problems but this is LOVING retarded)

Iam going to fix it asap and pull the motor and put new bearings and remove the ballance shafts and gaskets and new tranny and .......... wtf

anyone want a rally car????????

 
Private sale, as is-where is, doesn't matter. There isn't any inplied warrantee. You got what you paid for. In a DSM, you're lucky you made it that far. Obviously the guy thought he fixed the problem, but didn't.

Now, put the shoe on the other foot. If the Jetta crapped on him, would you trade him back? You'd laugh all the way to the bank and don't say you wouldn't. It's called buyers remorse. All DSM owners feel it.

With the bill of sale, all it's gonna take is 30 days and he can get a title.
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actually i would have either helped him fix it or traded back. I wouldnt sell a f'd car without telling someone (only to a dealer that had f'd me before) ....

 
I don't know what to tell you man.

I sold a guy my old celica all trac a couple years ago. just last year the oil pump died (about 9-14mo after I sold it to him) and he wanted me to pay for part of the fix.

:
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Almost sold my Saab privately while I lived in Mass - after reading the "implied warranty" laws there, I changed my mind. If you had bought your DSM in Mass, this guy's ass would be yours (I mean, if you're into that sort of thing...which is perfectly cool, I'm just sayin'...nevermind).

 
I would be surprised if the laws creating "implied warranties" (usually uniform commercial code) applied to private sales. Generally, these laws apply to commercial folks who are in teh business, but not private sales. As belt and suspenders, always put "AS IS--NO WARRANTIES EXPRESS OR IMPLIED" in a bill of sale.

Cheers
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Actually, from what research I did, there is no "as is" classification in Mass - or rather, such classification provides the seller no protection. Basically, if your car is poo and you don't tell the buyer, and they DISCOVER it's poo within the first 30 days, then they can demand a refund (less $0.15/mile for their use). Also, if you sell a car that fails to pass state inspection within seven days of the purchase, AND the repair to make it inspectable exceeds 10% of the purchase price, then they also can demand a refund.

Reference: http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Autos+and+Transportation&L3=Buying+and+Selling&sid=Eoca&b=terminalcontent&f=private_party_car_sales&csid=Eoca

 
so ferarrrooorri and i took the dsm crapper apart and found lots of nice wires and sensor(not connected) and then found that the shifter linkage was also not bolted in(so we bolted it and now it shifts mint guy when not on) so now i gotta get a few odds and ends and throw it back together and get it to his place to do a headgasket and swap the act2600 back in(that he gave me) instead of the napa stocker in it. I also gotta get the big brake kit on it

and oh yeah fix the steering wheel that i some how busted ( i think that's Jim's favorite part)

 
(so we bolted it and now it shifts mint guy when not on)
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I'd have to agree that it does shift mint guy!

Congrats, btw, on your giant purple turd-mobile! I can't wait to spend every second of my free time just getting that thing to run.

 
saw the for sale ad yesterday than saw this... I think the other guy got the better deal and it sounds like he's a wannabe mechanic, leaving parts out, not bolting things back together. good luck with that.
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so i have most if not all the sensors connected... just need to get the steering wheel off and get a new one on and bolt the alt up and bolt the tranny brackets so she might be a purple blob on the side of the road near portland tonight if you see me please bring me a coffee.

 
ok so i didnt break the steering it was already missing 3 support bolts for the column and the spline to ujoint attachment bolt hence the freewheeling when not being driven...

If i had crashed this while driving that kids family would have been f'd since there are all kinds of his spiffy mechannicchal work down there... ???
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