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HybridZ

your bidding on a all original 240z


David Spillman

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So let me get this straight. You list a car on ebay. You say it's an "all original" car. The car sells for 5.5k. Turns out it's not "all original" at all. Now your mad because this guy is telling everyone he got screwed over?

 

To add insult to injury' date=' you suggest that he is lying about the VIN numbers not matching when you say yourself that you didn't check them?

 

You [i']are[/i] lucky he doesn't live closer to CA :cuss:

 

dude, the guy who started this thread is the one who bought the car

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originally posted by intenserestoration

Meaning the 240Z head, Stock SU's etc were all there not once thinking to look at the block numbers.

 

"not once thinking" seems to be the key words in that sentence. You bought a car without checking to see if it had the original block.

 

originally posted by intenserestoration

With the project not looking to take off we then re-listed the 240Z on Ebay listing the known issue of repair needed the bid was started far below what we paid with a reserve hoping that it would not be meet the reserve, that way it could sit in the shop a bit longer maybe clearing some of the work load and beginning the project.

 

If you wanted it to sit in the shop, why did you go to the trouble and expense of listing it on ebay?

 

originally posted by intenserestoration

I only wish that issued had come up, because none of this would have happened.

 

You mean the "issued" of you buying a car without checking to see if one of the major components was correct, and then advertising the car for sale as "all original", again without checking?

 

originally posted by intenserestoration

Delivery was made and I received a phone call from the now new owner of his second 240Z, he proceeded to tell me that the numbers don't match. Meaning the block serial number does not match the VIN, number. My reply was sad but honest I said "I apologized for not checking that, all I check was the driver door, dash, title and under the hood plates.

 

You are openly admitting you advertised and sold the car as all original without checking to see if that was true. This places a huge burden of proof on yourself if that originality is questioned.

 

You need to come to an agreement with David about reduced value or give him his money back and pay the shipping costs to get the car shipped back, so it can sit in your garage as you desire.

 

I'm in for $50 on the plane ticket too.

 

John

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In response to IntenseRestorations comments-BTW welcome to HybridZ and hope this gets worked out between the two of you.

 

.., and to add a little to what a few others have stated since.

 

Being a professional shop owner means more than simply being in business. It means that if you dont take KEEP YOUR WORD by delivering to your customer what your customer expects-then you can bet your life that their "word of mouth" will kill a good reputation.

 

I have had the luxury of working in one of the main 4 Insurance Companies that sold Premises Insurance to Auto Dealers (new & used dealers) at the time of my employement we were responsible for 40% of all dealers in the 52 States of the Union. I worked there for 12 years: so I know about Consumer Protection. Both of you need to exhaust your administrative abilities and keep this out of court.

 

If it does go to court then you, the business owner, will lose. This claim will be handled just as if one of you purchased a chopped car that was made up of two separate cars without ever knowing the car was a chopped up car: or if one of you puchased a car w/false mileage on the odometer.

 

The individual that did not disclose all the facts will have to reimburse the new owner of all exp's and possible addt'l damages depending on the state. Then if you, the previous owner, want your money back you will have to go to the owner that owned the car before you....providing that they touted this car as an "All Original 240z" just as you did-which led up to your having purchased said car and then reselling to the current owner. The damages will follow the chain of title up until it gets to the individual that initially misrepresented said car. You, the previous owner, CAN NOT just say "Oh Well-So Sorry" and then walk away nor can you say "Hey, I didnt know the VIN's didnt match-here is the previous owner's name...go get your money from them."

 

The courts dont care if the last owner didnt ask you about the VIN. All they care about is if you represented the car correctly or if you misrepresented said car. If you misrepresentation is founded in A MISTAKE...you still lose.

 

I also have had the luxury of being raised in a family owned business the first 25 years of my life-we were on call for 24 hours a day. So I not only understand what you and the purchaser of this car are going thru as well as what the customer expects when you, a business owner, gives their word.

 

In my parents company we ate a lot of mistakes simply because it meant, in the long run, we would come out ahead. My dad/mom were doing what FedEx & UPS were doing long before FedEx and UPS came along: they have not been in that business for a good 15 years now. Yet, simply because we went above the call of duty and had such a great reputation (this means giving your customer an honest shake) my family could go to a number of domestic/air freight companies "TO THIS DAY" and they would know of the name we operated under 20 years ago...reputation will make or break your business! :shock:

 

It is good that you came here to plead your case-that does means you have a conscience. The only problem is that you, a shop owner-who is in the business of buying, repairing, restoring, and selling cars (classics), in a court of law, WILL BE HELD TO A HIGHER STANDARD!

 

When you used the words "All Original 240z" you are the EXPERT. You either KNEW or you SHOULD HAVE KNOWN. If you DID NOT KNOW then you should have not stated "All Original 240z". It is A MISTAKE, its a mistake you, the professional, made. The courts doesnt care if the consumer asked all the right questions. The issue at hand is, "Was the car sold under Good Faith or misrepresented and sold in Bad Faith?"

 

This mistake, and just because it is a mistake-does not mean that you are a bad person nor that you are a disreputable person running a disreputable shop. What it means is that you misrepresented your product either intentionally or unintentionall. If it was unintensionally then the courts will be a little more understanding-but you will still lose. The courts dont care if your mistake was unintentional. The purpose for Consumer Protection Laws is to do just that...PROTECT THE CONSUMER.

 

It would behoove you to handle this problem between yourselves-or as you can see: word of mouth, with the advent of the internet, takes on a whole new meaning in the 21st Century.

 

A good reputation will keep your shop in business for years to come, whereas a bad reputation will kill your business over night.

 

Exhaust your administrative abilities while you both still can.

 

Kevin,

(Yea,Still an Inliner)

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David, So far we have $150 pledged towards a ticket for you to head out to Cali for the big showdown at noon in the OK Corral... YOu know, handlings the "Ole Redneck Way"! :wink:

 

Let us known what you want to do David... My guess is we could get more donations if you are serious about taking legal action AND you honestly think you were wronged.

 

Just say the word.

Mike 8)

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Guest Nic-Rebel450CA

intenserestoration,

 

Your side of the story saying that you "didn't check" the block and claiming you didnt know that it wasnt indeed all original and selling it as all original would be like me picking up a ring and selling it as a "genuine diamond" and wondering why someone got mad when they found out it was a cubic zirconia. By listing it as all original, you are responsible for it being in that state whether you checked it or not.

 

If restoration is too intense for you, perhaps you should try another field like selling cookies. Then you could make them yourself and know what you are actually selling :wink:

 

BTW, I bought my 240Z in similar condition for $3500.

It is a 1970 model with a low VIN of 2188 and an L28 block.

Since I would consider his newly purchased Z comparable, I'd say refund $2000 ($5500 - $3500 = $2000) since it's probably about equal in value to what mine was at the time of purchase

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