RE: need legal help!!!! (long post)

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RE: need legal help!!!! (long post)

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RE: need legal help!!!! (long post) - 8/31/2007 2:21:37 PM

importkiller

Posts: 7254
Status: offline

wonder if I can include the new $3500 tranny I had to put in the truck a month after I bought it in the lawsuit?

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Post #: 16

RE: need legal help!!!! (long post) - 8/31/2007 2:46:09 PM

Muddydawg75

Posts: 9959
Joined: 3/11/2007
From: South Jersey Shore
Status: offline

you have them by the nads... if you want my opinion....

if you want some info... I know my Hummer dealer would help... especially another hummer owner....

I can PM you his name and number.... your call....

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Post #: 17

RE: need legal help!!!! (long post) - 8/31/2007 7:56:38 PM

importkiller

Posts: 7254
Status: offline

would he know Delaware law? If so, then sure send me his contact info...thanks bro!

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RE: need legal help!!!! (long post) - 9/1/2007 1:00:20 AM

HummBob

Posts: 16152
Joined: 5/6/2006
Status: offline

I wish I knew ANYTHING about U.S. Law, BUT I DON'T!!

I just wish you the best impy and maybe I'll see you on JUDGE JUDY!!!

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Post #: 19

RE: need legal help!!!! (long post) - 9/1/2007 2:23:59 PM

importkiller

Posts: 7254
Status: offline

here is the actual Deleware law, had an attorney send it to me:

§ 6309. Prohibited acts.
(d) A dealer or agent of a dealer must disclose to a buyer if the vehicle title has been branded "reconstructed", "flood damaged", "salvage" or was a "taxi". The buyer(s) shall acknowledge the disclosure as described in this paragraph by signing a disclosure statement which has been approved by the Division of Motor Vehicles and is provided by the dealership. A copy of the disclosure statement shall be provided to the Delaware Division of Motor Vehicles with the title application. In the absence of any disclosure statement, the contract may be rescinded at any time by the buyer and the dealer shall provide a full and complete refund to the buyer of all purchase moneys, including interest paid, plus all fees paid. Disclosure shall not prevent any person from otherwise bringing any action under any law for a failure to disclose material information concerning the condition or prior use of any vehicle.
http://delcode.delaware.gov/title21/c063/index.shtml#TopOfPage

so looks like I have a pretty good case....pretty much in black and white I think.

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RE: need legal help!!!! (long post) - 9/1/2007 2:42:13 PM

Doc Olds

Posts: 3805
Joined: 7/11/2007
From: Boat Town USA (Michigan 48045)
Status: offline

Thank you for posting that up Bro. You are in good shape.

It still won't be easy, but stick with it!!!!!!!!!!!!!

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Post #: 21

RE: need legal help!!!! (long post) - 9/1/2007 3:24:08 PM

importkiller

Posts: 7254
Status: offline

only thing that I may have a problem with is that the truck had a clean title when I bought it...it had a history of a salvage title but it was somehow cleaned and I got a clean title when I bought it...which is the only reason I did buy it. Now according to NJ law...any time a vehicle is salvaged it has that brand for ever...even if the title gets cleaned the salvage brand is still in the history and still needs to be disclosed...hopefully the DE law means the same thing.

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RE: need legal help!!!! (long post) - 9/1/2007 3:24:09 PM

GorillaH2

Posts: 1413
Joined: 7/30/2007
Status: offline

Good luck with the trial!!! One thing thought, will the dealer give you a refund forthe original price you bought it for or for the depreciated valued.

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Post #: 23

RE: need legal help!!!! (long post) - 9/4/2007 3:09:44 PM

JDJoe

Posts: 98
Joined: 1/19/2007
Status: offline

Don't consider this legal advice, but just by looking at that statute that you posted, it seems to imply that it doesn't matter if the title is "cleaned." It just says if the vehicle "has been branded..." Doesn't say that it still has to carry that designation, as long as it was at one time branded "salvaged." The statute tells you that you can rescind the contract at any time, so that's probably would you should try to do - send a demand for the return of all the money you paid for the truck (including "fees" like registering it and all that) in exchange for you giving back the truck. That's what the statute gives you the right to do, and that's probably what you need to do first before going through the state's administrative remedies... It's like with the NJ Lemon Law where you have to give the manufacturer notice and one last shot to fix the car before bringing a formal action against them. Have you gotten any response from the dealer on anything yet?

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Post #: 24

RE: need legal help!!!! (long post) - 9/4/2007 10:39:30 PM

importkiller

Posts: 7254
Status: offline

well the SOB dealer now hangs up when I call him...he didn't like my lawer contacting him...lol. I am sick of the whole ordeal and on a last chance shot I went to a local car dealer that advertises "$4000 more for your car than it's worth" He gave me enough on my trade that I am only like $1400 or so upside down. I can live with that. Only bad thing is that I have to settle on a used car in a certain price and year range so that they can add the $1400 to the price and still make it financable(is that even a word?..lol) to the bank. We are deciding between two cars now, a 2007 Grand prix or a 2004 Lincoln LS....I'll post pics tomorrow when we get home with one of them.

Thanks for all the help guys!!

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RE: need legal help!!!! (long post) - 9/5/2007 12:28:13 AM

HummBob

Posts: 16152
Joined: 5/6/2006
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quote:

ORIGINAL: importkiller

well the SOB dealer now hangs up when I call him...he didn't like my lawer contacting him...lol. I am sick of the whole ordeal and on a last chance shot I went to a local car dealer that advertises "$4000 more for your car than it's worth" He gave me enough on my trade that I am only like $1400 or so upside down. I can live with that. Only bad thing is that I have to settle on a used car in a certain price and year range so that they can add the $1400 to the price and still make it financable(is that even a word?..lol) to the bank. We are deciding between two cars now, a 2007 Grand prix or a 2004 Lincoln LS....I'll post pics tomorrow when we get home with one of them.

Thanks for all the help guys!!

Well, it didn't end up PERFECT, but at least it's OVER!!!

Good luck with the new vehicle!!!

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Post #: 26

RE: need legal help!!!! (long post) - 9/5/2007 4:21:58 AM

ockie

Posts: 463
Joined: 7/27/2007
Status: offline

quote:

ORIGINAL: importkiller

well the SOB dealer now hangs up when I call him...he didn't like my lawer contacting him...lol. I am sick of the whole ordeal and on a last chance shot I went to a local car dealer that advertises "$4000 more for your car than it's worth" He gave me enough on my trade that I am only like $1400 or so upside down. I can live with that. Only bad thing is that I have to settle on a used car in a certain price and year range so that they can add the $1400 to the price and still make it financable(is that even a word?..lol) to the bank. We are deciding between two cars now, a 2007 Grand prix or a 2004 Lincoln LS....I'll post pics tomorrow when we get home with one of them.

Thanks for all the help guys!!

I wouldn't have letten them get away like that. That dealer should pay the price... you know they would hunt you down like a dog if the tables were turned.

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Post #: 27

RE: need legal help!!!! (long post) - 9/5/2007 7:12:25 AM

importkiller

Posts: 7254
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true, but financially speaking this was the most painless way out. I'm not about spending thousands of dollars just to make the guy pay.....I have kids that I can use that money on. Even if I don't pay for a lawyer and take him to court myself I would have to pay for gas/tolls/expenses to o from NJ to Delaware once to file, then at least once for the court case....just wouldn't be worth it IMO.

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RE: need legal help!!!! (long post) - 9/5/2007 10:51:49 AM

JDJoe

Posts: 98
Joined: 1/19/2007
Status: offline

And that's exactly what's wrong with the legal system in this country. Any slightly savy slimeball knows he can generally get away with screwing people out of a little money since it costs more much to chase someone, legally, than it's worth on something like this.

But, congrats on choosing the painless (or, at least, less painful) route and best of luck with the new ride and the new baby. You definitely are right about the money and time being better spent on the kids than on chasing that idiot in Delaware.

By the way, as for the choice of cars, my mom had an LS and it was a really great ride, but it sucked in the Jersey winters. Not sure if that matters, but I figured I'd mention it.

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RE: need legal help!!!! (long post) - 9/5/2007 11:00:30 AM

ockie

Posts: 463
Joined: 7/27/2007
Status: offline

quote:

ORIGINAL: importkiller

true, but financially speaking this was the most painless way out. I'm not about spending thousands of dollars just to make the guy pay.....I have kids that I can use that money on. Even if I don't pay for a lawyer and take him to court myself I would have to pay for gas/tolls/expenses to o from NJ to Delaware once to file, then at least once for the court case....just wouldn't be worth it IMO.

Yeah unfortunatley this is what really sucks about these shady dealers, the costs to hunt them down outweighs the cost that you are seeking to recover.

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Post #: 30