First Purchase Nightmare – 2003 360 Modena F1 | FerrariChat

First Purchase Nightmare – 2003 360 Modena F1

Discussion in '360/430' started by DownShift831, Jan 24, 2025.

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  1. DownShift831

    DownShift831 Rookie

    Jan 24, 2025
    3
    Santa Cruz, CA
    Hi everyone,

    I've relied on this forum as a trusted and invaluable resource during my search for my first Ferrari, so I’m turning for advice on a challenging situation I’m now facing.

    Last month, I bought my first Ferrari as a gift to myself for my 35th birthday. After sorting through a few questionable options, I found what seemed like a great example locally. I took what I thought were the right steps to ensure the car was in good shape: it had a detailed service binder, and I had a full PPI done by a shop recommended on this forum. The car was sold through an agent who manages and maintains private car collections for the owner and others.

    My wife and I picked up the car and drove it back home (~80 miles total). During the drive, I noticed a faint gasoline smell but dismissed it as the “distinct Ferrari smell” I’d heard about.

    The next morning, I woke up to a strong gasoline smell throughout the garage and the downstairs of our house. After investigating, I discovered that the driver’s-side fuel pump had failed, leaving a layer of gasoline on top of it. I immediately reached out to the agent, who arranged to have the car towed back to their shop a few days later. He offered to cover the repair costs, which I appreciated.

    A few weeks of back-and-forth messages later, the fuel pumps were replaced. For peace of mind, I opted to have the passenger-side pump replaced as well. As I was making arrangements to pick up the car, the agent informed me that the car was now throwing a code for a cam sensor.

    This is where things unraveled. The agent worked under the assumption that the issue was a failed cam sensor. He explained that the car was stalling at low throttle and said he had to manually hold the throttle open at 4,000 RPM to keep it running. He replaced the cam sensor, but the code persisted. Further investigation revealed that the left bank timing belt had jumped a tooth, causing significant engine damage.

    Here are the key details:

    • The fuel pump was failing while we were driving the car home.

    • During my ~80 miles of ownership, the car threw no codes and had no issues aside from the fuel pump failure.

    • The owner/agent initially told me the timing belts were replaced in 2021. However, upon inspection, the date stamps on the belts indicated they were from 2016, meaning they were not replaced in 2021.

    • The engine damage occurred entirely while the car was not in my possession. My understanding of what happened is based solely on what has been relayed to me.

    • No issues were flagged in the PPI.

    The agent initially told me they would need to buy the car back. However, it’s been weeks, and the owner doesn’t seem willing to follow through. I’ve been open to exploring other paths forward, but the owner has not been cooperative.

    I’m at a crossroads here and would appreciate your advice. Has anyone been in a similar situation and what was the resolution? Can anyone recommend a lawyer experienced with situations like this in California?

    TL;DR:

    Bought my first Ferrari in December after doing what I thought was proper due diligence (service records, PPI). Purchased from an agent who manages private car collections.

    After driving ~80 miles home, I noticed a strong gasoline smell the next morning—discovered the driver’s-side fuel pump had failed. The agent towed the car back, replaced both pumps and offered to cover the costs.

    While the car was with the agent, it started throwing a cam sensor code. The agent worked on the issue, testing the engine multiple times only to discover the left bank timing belt had jumped a tooth, causing severe engine damage. Belts were supposedly replaced in 2021 but turned out to be from 2016.

    The agent initially said they’d buy the car back, but now the owner is refusing to work with me. Looking for advice: Should I hire a lawyer? Any recommendations for someone in California?
     
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  2. Texas Forever

    Texas Forever Eight Time F1 World Champ
    Rossa Subscribed

    Apr 28, 2003
    85,557
    Texas!
    Was the seller a dealership or an individual?
     
  3. DownShift831

    DownShift831 Rookie

    Jan 24, 2025
    3
    Santa Cruz, CA
    I only interacted with the agent but all the paperwork (title, bill of sale) had the owners name on it.
     
  4. JAM1

    JAM1 F1 Veteran
    Rossa Subscribed

    Oct 22, 2004
    8,411
    FL, NY, and MA
    Full Name:
    Joe
    So he’s a guy “agent” operating a sales operation without a license and possibly jumping title. California will eat him alive. Tell him he’s buying the car back by Monday or you’re calling the DMV, State AG, and the Cali FTB in addition to an attorney.
     
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  5. fatbillybob

    fatbillybob Two Time F1 World Champ
    Consultant Owner

    Aug 10, 2002
    28,608
    socal
    Bought from the guy in central coast?
     
  6. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,744
    Weston, MA
    Full Name:
    Paul
    Yes, follow what Joe (JAM1) advised. Good luck and keep us updated.

    Two asides-

    -The date on the belt is when it was manufactured, not when it was installed.

    - Obviously it is too late now, but the best time to come on this forum for advice is BEFORE the purchase, not AFTER.
     
  7. garybobileff

    garybobileff Formula 3
    Sponsor

    Feb 5, 2004
    1,174
    San Diego CA
    Full Name:
    Gary
    You state that you had a " detailed service binder". Was this binder ever looked at? It is the responsibility of the purchaser doing a proper due diligence , PRIOR to purchase. Also, we do dozens of PPI's annually, and I always ask for service records, if available, as reviewing them is also part of my job to offer a proper PPI. Did your PPI shop review the records and discuss with you any past service items that were over due, such as timing belts, old tires, annual services that were not done timely? That is all part of the due diligence process, which from what is written above potentially didn't happen. The seller can not be held responsible for your situation, as you don't state that any misrepresentations were given to you about the mechanical condition of the car.
    Gary Bobileff
    Bobileff Motorcar Company in San Diego
     
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  8. JaguarXJ6

    JaguarXJ6 F1 Veteran

    Feb 12, 2003
    5,533
    Black Hawk, CO
    Full Name:
    Sunny
    Gary, with respect I don't think reviewing the service records would have mattered if the full PPI didn't catch a cracked (or leaking) fuel pump. As if the car was never started, or driven, and that somehow passed inspection for fumes that will linger for literally days.

    You have to be either incompetent or oblivious to the smell of fuel as if Ferrari and fire hazard have never existed in the same sentence before.

    One way to encourage a belt to skip is by closing the throttle plates at high RPMs with a complete lift. A failed tensioner or improper tension will reveal itself rather quickly. Perhaps the belts were changed by agent with a "shop" that "maintains" private car collections. And you know what they say about assumptions!
     
  9. Texas Forever

    Texas Forever Eight Time F1 World Champ
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    Apr 28, 2003
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    Bit harsh.
     
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  10. garybobileff

    garybobileff Formula 3
    Sponsor

    Feb 5, 2004
    1,174
    San Diego CA
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    Gary
    Well, I was mainly commenting on when the timing belts were changed. Ferrari's last technical bulletin regarding timing belt changes states that timing belts should be changed from their original 7 year time frame, then went to five years, now they say every three years, regardless of mileage. Downshift 831 never mentioned which model he was referring to. He said that the timing belt skipped a tooth causing damage. He may be speaking about a 6 speed three pedal car in which when the car is parked on a hill, and the hand brake doesn't hold, or wasn't applied, if the car rolls back wards, then it's entirely feasible that the cams jumped time, as the motor would spin backwards, as this condition was most common in 308's, and can also happen in 355,'s , 360's and other 3 pedal cars. Downdraft 831 should state which car we're talking about to get more clarity on the situation.
    Gary Bobileff
     
  11. TheMayor

    TheMayor Ten Time F1 World Champ
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    Feb 11, 2008
    104,909
    Vegas baby
    #11 TheMayor, Jan 25, 2025
    Last edited: Jan 25, 2025
    I have no idea what is going on here but most of us would say replace the T belts and tensioners at 4 years. And while you're in there you usually do a bunch of other maintenance. 2021 is close enough for a car you just bought. The belts aren't good on Dec 31 and bad on Jan 1. Its a rule of thumb. I think most of us here would have negotiated this replacement cost in the purchase price, and then done it.

    I'm not picking on you but... it makes it a bit more difficult to claim it wasn't done in 2021 when 2021 means the given date is about now for replacement anyway. And the date code of the belt doesn't mean anything to when the car had them changed.

    Unless the fuel pump was literally leaking a PPI isn't going to show an issue. If it was leaking, kinda hard to imagine it wasn't discovered because of fuel smell. If it was repaired and installed incorrectly, or aftermarket or somehow damaged -- yes -- the PPI should have found that. But not leaking one day and leaking the next could happen anytime.

    PPI's are good for finding obvious things wrong, serious damage or modification to the engine, hidden body repair of improper painting, missing parts, accident damage, poor past repairs, and any obvious problems like oil and water leaks, emissions disconnected, tires and brakes are worn, the clutch condition, and a look at the oil and fluids. It should also list the problems AND recommended maintenance that may need to be done immediately or some time in the future.

    I have to assume the car is a 360 as F430s on have chains. If so, they stopped building them 20 years ago. In 20 years lots of stuff happens, even just sitting there.

    So I'm a little in Gary's camp here. Get what you can from the dealer as best you can and chock it up.
     
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  12. Texas Forever

    Texas Forever Eight Time F1 World Champ
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    Apr 28, 2003
    85,557
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    I'd follow JAM1's advice and lawyer up.
     
  13. MITengineer

    MITengineer Formula Junior

    Feb 18, 2004
    369
    Montana
    I think lawyering up will be a royal waste of time. Sounds like the issues surfaced post purchase. Unless you believe the seller made material misrepresentations its an old car with all the "buyer beware" warnings attached. Sometimes there's simply bad luck. Life is long, fix it, drive it and buy a few more Ferrari's so on average things work out.
     
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  14. Themaven

    Themaven F1 Rookie

    Nov 2, 2014
    4,361
    Eastdown
    Full Name:
    Darius
    I think you have just been unlucky. You had a PPI done; then something failed, which the seller agreed to fix; while that was being fixed, something else failed, more major, which the seller didn't agree to fix.

    I've bought Ferraris with and without warranties, and without a warranty you're hoping for good luck, which sadly escaped you here.

    Only one question: you say the seller told you cam belts had been changed in 2021. But you are now doubting that. If the car has a full history binder, it will show who changed the cam belts, and when. If it's not in the history, it didn't happen. If you were told in writing they were changed, and you have no evidence, and now they failed, you'd certainly have a point to make to the seller. Not sure about legally, in the US, but you'd have grounds to say this item failed, you said they had been changed in 21, they weren't.
     
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  15. VBOM

    VBOM Karting

    May 21, 2006
    54
    I Agree with JAM1, call the DMV, and attorney and make him buy the car back, any good Dealear would do that .Good Luck .
     
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  16. Texas Forever

    Texas Forever Eight Time F1 World Champ
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    Apr 28, 2003
    85,557
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    Lawyer up and stop talking about it on the Internet.
     
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  17. mcw

    mcw Formula Junior
    Owner Rossa Subscribed

    Aug 10, 2008
    415
    Sad circumstance to be in. Legal advice is worth considering, but also know that lawsuits seeking in the tens of thousands may not be worth pursuing. Still, it is an unlucky ouch, good luck on the healing path.
     
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  18. Innovativethinker

    Innovativethinker F1 Veteran
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    Aug 8, 2009
    9,637
    So Cal
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    Mark Smith
    I wrote a response 3 times and deleted them, echoing the concerns of the legal cost, and adding that like all industries, the legal profession has been severely downgraded, as many attorneys are now WFH, and quality has plummeted. IMHO, these days less than 5% are what I consider "good attorneys" - used to be about 20%. Even the good firms are struggling to find good attorneys - or even so-so attorneys.
     
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  19. BrettC

    BrettC Formula 3

    Aug 13, 2012
    2,102
    Calif
    Full Name:
    Brett
    If the dealer said he'd buy the car back, just nicely ask him to follow thru and return your money. I agree with the anti attorney stuff. Most want $350 +++ an hour.
    I had an issue with a fire on a job site. My insurance claimed an exclusion. I had to get representaion. $150,000 claim. Insurance brokers E & O paid 80k, I paid 25K, customers insurance ate the rest. Cost me another 25K to attorney. Nobody wins.....and cost me 50K
     
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  20. Rifledriver

    Rifledriver Three Time F1 World Champ

    Apr 29, 2004
    36,770
    Cowboy Capitol of the World
    Full Name:
    Brian Crall
    I do not recall any Ferrari using timing belts where the production code is not visible during an inspection. In my inspections reporting on their production age is always included. Except in cases of component failure or very extreme age issues I have never seen a properly installed belt on any Ferrari slip in normal use. Sorry.....No sale.
    Also, it sounds like we are talking about a 360 here. With any of the 4 or 5 valve heads they have so much valve to piston clearance that slipping one tooth on either intake or exhaust does not result in bent valves. So that line is either a straight up lie or a example of their of ignorance.

    Short version, you are getting screwed. The inspection was worthless (Most are) and either lack of knowledge, talent or integrity is driving the current situation provided of course we are hearing a complete and correct version of events.


    Get a refund or regain possession of the car, have it inspected by a different, capable and honest Ferrari repair shop and consult a lawyer.

    Sorry for your trouble on your first Ferrari. The Ferrari world is shark infested and full of charlatans.
     
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  21. Doug.

    Doug. F1 Rookie
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    Apr 16, 2004
    3,277
    Las Vegas, NV
    End of story, fade to black.

    From a lifetime Ferrari master tech. People will still beat the PPI drum until they are blue in the face. They are next to worthless.

    Know what you are looking for in a Ferrari's service records. Sounds like the OP didn't read them, probably because he just thought it sounded good to have.

    These cars carry much higher risk than others. The more risk you take (ignorance), the more you should be willing to pay.

    A lawyer will be a complete waste of time, but good luck to you. If the seller wasn't reasonable and acting in good faith he wouldn't have agreed to the first failure fix.
     
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  22. Texas Forever

    Texas Forever Eight Time F1 World Champ
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    Apr 28, 2003
    85,557
    Texas!

    I disagree. I would **** the bad guy. I would make him regret the day he was born. I don't care how money it costs.
     
  23. Rifledriver

    Rifledriver Three Time F1 World Champ

    Apr 29, 2004
    36,770
    Cowboy Capitol of the World
    Full Name:
    Brian Crall
    PPIs are far from worthless if the correct people are chosen to do it. The problem is buyers are about as careful choosing inspectors as they are choosing a head of lettuce. I see it every week and then they wonder why they got a bad car.
     
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  24. Texas Forever

    Texas Forever Eight Time F1 World Champ
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    Apr 28, 2003
    85,557
    Texas!
    The lesson is you are buying the seller. I can't imagine buying a Ferrari from somebody I don't know.
     
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  25. DownShift831

    DownShift831 Rookie

    Jan 24, 2025
    3
    Santa Cruz, CA
    Thanks everyone for your time and input. The Ferrari I purchased is a 2003 360 Modena F1. The listing and my past correspondence with the seller state that a full major was done in 2021 with a belt job. I also have later acknowledgement that the belts were not replaced in 2021 after the tech dove in to figure out what the cam sensor issue was. The PPI was done by shop recommended on this forum.

    The major issues started after the car was towed away and in back in the possession of the agent. Is it possible that towing the car improperly could have caused the motor to spin backwards?
     
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