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Old 10-30-2004, 01:02 PM   #76
shipjumper
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I was not trying to be like that and im sorry that you see it that way.. I was trying to present another side to the discussion, that is all.

my astericks button dosen't work that well, so I see no need to swear.
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Old 10-30-2004, 01:03 PM   #77
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Quote:
Originally Posted by shipjumper
my astericks button dosen't work that well, so I see no need to swear.
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Old 10-30-2004, 01:04 PM   #78
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Quote:
Originally Posted by Ineedapurpleone
we don't know it all but he has been in the business almost 4 years and I have been around long enough to ask for verification. Sorry you see it as otherwise.
I'm sorry you see it as perfectly reasonable and expected that people should be ripped off and simply have to put up with it.
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Old 10-30-2004, 01:07 PM   #79
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don't be sorry, he wasn't ripped off... who forced him to buy the car without checking under the hood and asking questions?

thats like saying this car isn't 20 thou? thats what the ad says meanwhile they didn't read the stock number plain as day on the top of the ad!
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Old 10-30-2004, 01:14 PM   #80
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He was misled. Of course, you would have verified each of the 27,982 parts in the vehicle before purchasing it.
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Old 10-30-2004, 01:15 PM   #81
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I never said its ok that he was ripped off. Thats never ok, all I said is he should have done his research BEFORE agreeing to buy the car.

IMHO its as much his fault as it was theirs.

I never said the dealer was in the right, nor did I say he was... All I was offering was the OTHER side of the coin, maybe he never looked at it that way.

geez... calm thy self...
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Old 10-30-2004, 01:18 PM   #82
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Crazy, he went to a dealership and was supposed to be dealing with honest professionals. They mislead him into the options and details of the car. They said it had the damn brakes when he asked more than once, what don't you understand about this? I guess you must be ok with deceptive business pratices and tricking people, because you don't seem to think that the dealer is responsible at all, and seem to think in fact that it's perfectly ok to lie and decieve as long as someone falls for it.
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Old 10-30-2004, 01:20 PM   #83
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Mista read above your post thanks!
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Old 10-30-2004, 01:24 PM   #84
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Drink some bleach! Thanks!
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Old 10-30-2004, 01:25 PM   #85
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Old 10-30-2004, 01:26 PM   #86
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Hmmm... people here are actually arguing the fact that any consumer should have no recourse or gauarantee unless they are purchasing a product that they have full technical knowledge to be able to verify the facts that the licensed sales person has told them? Yup, ok, sounds good.
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Old 10-30-2004, 01:28 PM   #87
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is that all you have to contribute? a personal attack? and you want her banned? makes total sense to me...
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Old 10-30-2004, 01:32 PM   #88
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I also never said he should have no recourse either... sheesh, you all take more out of context than politicians and the press!

you have the RIGHT to get the vehicle inspected

you have the RIGHT to refuse the sale

You have the right not to be fed misleading info

you also have the ability to make sure about things if they are important to you from someone you trust, like a second opinion from a doctor...

He should have not been misled, and he should alsoalso seek action about that. However he should have also excersised his right under the law to inspect the vehicle.
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Old 10-30-2004, 01:41 PM   #89
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Quote:
Originally Posted by shipjumper
is that all you have to contribute? a personal attack? and you want her banned? makes total sense to me...
Want who banned? I just got here (in this thread), and was kind of surprized that this thread turned into poop throwing contest. Usually people are cool about supporting fellow members when a shady dealer takes advantage of a situation or uninformed consumer.

Anyway, I'll leave you guys and gals here to continye playing. And you know how it goes, I'm an e-thug and don't mess w/ me cause I'll argue w/ you over the internet. Peace!
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Old 10-30-2004, 02:22 PM   #90
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Quote:
Originally Posted by Ineedapurpleone
well that exactly what happened he never verified it on his own or double checked the dealers word... like I said in above post would you buy something that was claimed to be inspected without reading the inspection first (ie house)?

Whose to say the dealership was just repeating something they were told is true (from previous owner or faulty inspection). I am not saying that they SHOULD have known but that is not a legal arguement. Legally the definition of fraud is KNOWINGLY misleading a customer on facts behind a sale. Who's to say the salesperson wasn't just reading of a faulty car fax??

but it IS a legal argument. i used the phrase "knew or should have known" b/c that is exactly the language that is used in the case law regarding misrepresentation by a seller. it's also not something the average layperson (read: not Nabisco car enthusiast) is going to be able to easily verify. feel free to pick up a copy of the Restatement of Contracts or the Uniform Conmmercial Code.

Restatement Section 159: Misrepresentation: an assertion that is not in accord with the facts.

Sec. 172: a recipient's reliance on a seller's statement is not unjustified unless the buyer acted in bad faith

it could also be looked as a "mistake" if the dealer really thought the car had ABS, but Sec. 154 lead sme to believe the dealer, rather than the buyer, bears the risk of the mistake.
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Old 10-30-2004, 02:38 PM   #91
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Quote:
Originally Posted by dmitrik4
but it IS a legal argument. i used the phrase "knew or should have known" b/c that is exactly the language that is used in the case law regarding misrepresentation by a seller. it's also not something the average layperson (read: not Nabisco car enthusiast) is going to be able to easily verify. feel free to pick up a copy of the Restatement of Contracts or the Uniform Conmmercial Code.

Restatement Section 159: Misrepresentation: an assertion that is not in accord with the facts.

Sec. 172: a recipient's reliance on a seller's statement is not unjustified unless the buyer acted in bad faith

it could also be looked as a "mistake" if the dealer really thought the car had ABS, but Sec. 154 lead sme to believe the dealer, rather than the buyer, bears the risk of the mistake.
This and posts like Subed's and countless other real/reputable people that I have come to know in the NASIOC world is exactly why this isn't even worth arguing w/thepurpleone. I can't believe this thread I started has come to bickering about whether or not this is my fault and that I am trying to blame someone else for my ignorance. Its ridiculous and not worth responding to. Lets stop this bickering please.
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Old 10-30-2004, 02:57 PM   #92
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Quote:
Originally Posted by Ineedapurpleone
Sure I am a bitch....If a bitch is an assertive female that can't stand people blaming others for their ignorance.
How is he blaming someone else for his ignorance? THEY ASSURED him multiple times that ABS was on the car so why was he not to believe them?

-faast
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Old 10-30-2004, 02:58 PM   #93
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did you read my other posts? He should have looked for himself, or asked to see the engine bay if he didn't know what the abs pump looked like to ask where it was...
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Old 10-30-2004, 02:59 PM   #94
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Quote:
Originally Posted by WRXVT
This and posts like Subed's and countless other real/reputable people that I have come to know in the NASIOC world is exactly why this isn't even worth arguing w/thepurpleone. I can't believe this thread I started has come to bickering about whether or not this is my fault and that I am trying to blame someone else for my ignorance. Its ridiculous and not worth responding to. Lets stop this bickering please.

I am only responding to personal attacks, I know its silly but its a defense. I never said you were 100 percent at fault but you have no legal recourse
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Old 10-30-2004, 03:00 PM   #95
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Quote:
Originally Posted by dmitrik4
but it IS a legal argument. i used the phrase "knew or should have known" b/c that is exactly the language that is used in the case law regarding misrepresentation by a seller.

it could also be looked as a "mistake" if the dealer really thought the car had ABS, but Sec. 154 lead sme to believe the dealer, rather than the buyer, bears the risk of the mistake.
I said the dealership wasn't right in misrepresenting the car but they didn't force him not to ask questions nor to purchase the vehicle. Therefore he had a choice and has no legal case.
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Old 10-30-2004, 03:11 PM   #96
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80 year old woman buys a car. She asks if it has ABS, and is assured it does. She drives off lot, locks up the brakes and hits someone. Would she have a case against the dealership, or is it "tough luck"?
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Old 10-30-2004, 03:18 PM   #97
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the accident is her fault if she is following to closely give it up and stop trying to prove me wrong that he should have looked under the hood
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Old 10-30-2004, 03:20 PM   #98
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what about the somewhat recent case where people bought 120GB hard drives only to find out that the actual capacity was only about 112GB. They didn't know that hard drives were measured in gigabits and not gigabytes, and that small portions were taken up during formatting. No one put a gun to their head and forced them to buy the drives. But the court agreed that the packaging and advertising was misleading and awarded some money to them, I don't see anything different here..... There was also a suit by a group of vegitariens who were assured that McDonald's fries were cooked in veggie oil, only to find later that they used animal products in their oils. They must have been ignorant to not take a scoop of the oil to a labratory first to be sure.
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Old 10-30-2004, 03:27 PM   #99
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Quote:
Originally Posted by Ineedapurpleone
the accident is her fault if she is following to closely give it up and stop trying to prove me wrong that he should have looked under the hood
Yeah, my example involved hitting something, and that muddies the water. But in the end, the customer was misled, and it makes ZERO difference that he did not find out prior to the purchase.

Should have looked under the hood? Probably.

His fault for not seeing ABS hardware? Absolutely not.

I guess there is no arguing with the two of you. Check the actual cases cited above, but I doubt it will help.
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Old 10-30-2004, 03:38 PM   #100
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understood,

IBTL
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