5 Million Dollar payout on an F430 with cracked exhaust headers and broken fuel pump? | Page 2 | FerrariChat

5 Million Dollar payout on an F430 with cracked exhaust headers and broken fuel pump?

Discussion in '360/430' started by Bigilo, Jan 1, 2019.

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  1. tomconte

    tomconte Formula Junior
    Silver Subscribed

    May 15, 2010
    385
    Atlanta
    Full Name:
    Tom Conte
    And I can give you a counter example of a ferrari dealer I bought my 360 from who failed to disclose $8,000 in needed repairs. This included aftermarket exhaust manifolds that can't pass inspection, cracked rollover valves, alarm battery failure (that I explicitly asked them to guarantee was not bad), etc. They took advantage of me because I was an out of state buyer. I will never deal with them again. But then again, they were right in their minds because I was on the east coast and they were on the west, so screwing me meant little chance of losing business.

    Tom
     
  2. SeaNile

    SeaNile Formula Junior

    Jan 25, 2010
    679
    West Chester, PA
    Full Name:
    John
    That sucks, especially since you bought from a Ferrari dealer. Here I am thinking if I buy from a dealer I would be in good hands...


    Sent from my iPhone using Tapatalk
     
  3. one4torque

    one4torque F1 Veteran
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    May 20, 2018
    5,123
    Houston
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    One4torque
    the average jury is sooo familiar with the practices of 'most' dealerships...... that I'm surprised any quality attorney would rec going to trial..... not going to end well for a dealership......
     
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  4. sainthoo

    sainthoo Formula 3
    Owner Rossa Subscribed

    Jan 20, 2007
    1,887
    Full Name:
    Christian
    Well done- a service for us all.
    Screw that dealership. Hopefully others will take notice.

    I have an issue(s) with a private sale- not worth going for any financial compensation, but I will be filling a criminal complaint to hopefully stop this from happening to the next guy.
     
    Texas Forever likes this.
  5. John_K_348

    John_K_348 F1 Rookie

    Sep 20, 2013
    2,747
    Boston, MA
    Full Name:
    John E. Kenney
    Yeah, this trial should be fun. I mean how lame or desperate do you have to be to try and sweep a cracked header under the "floor mat" as it were? ;) Just tell him what's wrong and negotiate the service charge. Sure it's a big job. Just think how far ahead the dealer would be if he was honest with the customer. Coming back for oil changes, tires, annual. All the normal stuff. But yeah the buyer was out of state. I bought my 360 Spider at FoLI, and my salesman left me a phone message and sent a card wishing me happy holidays last month. They handled everything you could expect a couple years ago when I bought it. Only 8600 miles on it. I educated myself on everything and talked to an independent tech/shop owner by phone as well. Only recently did the ball joints start to show their age/design flaw. And then last year the alternator harness connector blew out, but that was way down the list of things to know, that even our experts online don't have a separate listing for it. So all in all I feel I was treated well. Even FoNE has asked me about selling it but now I am just getting into the value of doing some service myself! The brakes needed bleeding and flushing and I got that done this summer. Tricky but doable with the bridge tubes. And for the case in question here, the leaky fuel pump was obvious. I could tell when my fuel rail elbow was leaking on the Miata, and that is DEFINITELY a safety issue. Just needed tightening. For these cars, fraud is just not worth it.
     
  6. Terence Courtnage

    Oct 13, 2018
    19
    Full Name:
    Terence Courtnage
    Here's Steve Lehto's view on the case.

     
  7. Drestless

    Drestless Formula 3

    Oct 1, 2014
    1,251
    Riverside, CA
    Full Name:
    Jam
    Makes me want to file a lawsuit too.

    They didn't disclose that there's no cupholder in my car. A million is fine for me. :D
     
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  8. randkin

    randkin Formula 3
    BANNED

    Aug 2, 2015
    1,497
    Somis, CA
    Full Name:
    Randy
    Not all states allow the insurer to pay punitive damages, not sure about Arkansas. In CA the state say that are not the proper subject for insurance so the dealer would have to pay in in CA. But I have to think the punitive will be knocked down substantially on appeal which it most certainly be appealed no matter who is paying the punitive damages.
     
  9. iloveferrari

    iloveferrari Formula 3
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    Dec 14, 2014
    1,854
    USA
    Are you sure it's not because of this?

     
  10. one4torque

    one4torque F1 Veteran
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    May 20, 2018
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    One4torque
    regardless of any appeals result..... i hope it stings enough for the dealership space to take note
     
  11. efg2014

    efg2014 Formula Junior

    Sep 14, 2014
    613
    Northern California
    When I was looking to buy my F430, there was one at the Mercedes Dealership in West Virginia. Based on the questions I got the sense the Mercedes dealership had no clue(this is when my understanding was very limited) about Ferraris and I declined to proceed. I narrowed down my search to 3 cars. I then hired a Ferrari Mechanic to go out and check the car. The first car, my first choice, checked out and I bought and then went across the country to test drive it. The car has been great. A $90,000 F430 should have been a red flag nonetheless an interesting story.
     
  12. one4torque

    one4torque F1 Veteran
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    May 20, 2018
    5,123
    Houston
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    One4torque
    I have no axe to grind with the good guys in this business........ I truley believe holding the bad ones accountable will inc business for the honest ones....... I can dream and be idealistic can't i?
     
  13. iloveferrari

    iloveferrari Formula 3
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    Dec 14, 2014
    1,854
    USA
    Please let us know which dealer it is, so we can be careful
     
  14. turbo-joe

    turbo-joe F1 Veteran

    Apr 6, 2008
    8,930
    southwest germany and thailand
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    romano schwabel
    could somebody please explain to me how those 5,8 mil. are counted together?
    can not read this out of the article
     
  15. tomconte

    tomconte Formula Junior
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    May 15, 2010
    385
    Atlanta
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    Tom Conte
    Ron Tonkin Gran Turismo (Ferrari of Portland).

    Tom
     
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  16. Stentboy

    Stentboy Formula 3
    Owner Rossa Subscribed

    May 8, 2008
    2,440
    Texas
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    Ron
    +1 from an attorney with over 34 years of experience.
     
  17. John_K_348

    John_K_348 F1 Rookie

    Sep 20, 2013
    2,747
    Boston, MA
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    John E. Kenney
    Nice. I've sat on 2 juries, called 4 times so far. The way the defense attorney and accused acted with such contempt in the first trial really showed the public how they were wasting all our time and money. Boom, we convicted on the first charge but couldn't on the second. Didn't really matter at that point because it was the lesser charge. I read the verdict, first time for me ever in court. All during the trial while the lawyer looked at me and I watched the defendant on the stand from along side, I kept thinking, "You really think you can persuade me with that crap you lying jerk?!" My mind was open until they persuaded me otherwise with everything they did, and the evidence of course.
     
  18. AClark

    AClark Formula Junior
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    Jan 22, 2017
    315
    USA
  19. f355spider

    f355spider F1 World Champ
    Owner Rossa Subscribed

    May 29, 2001
    17,940
    USA
    I bit more narrative here:
    https://www.autonews.com/dealers/used-ferrari-case-damages-against-ark-dealer-cut-58m-500000?ito=792&itq=d7a621f8-4921-41ca-91e9-0a38eec8929e&itx[idio]=5841700&fbclid=IwAR0aKfP1MXqEcHEmxZa8IoHFEHXJhPADV_zZt1QTVGDFBC220T-h2fgU-r8
    (the key is the dealer knew of problems with the car (they had an inspection performed by a Ferrari dealer), but withheld the information from Hamid, hiding behind the "as is" clause in the seller's contract when the problems were discovered.)
    I think this quote accurately sums up the judge's opinion: But his decision also came with a harsh condemnation of Silverstar, based in Bentonville, Ark.
    "Making an affirmative misrepresentation about a car's condition, especially when the condition gives rise to safety concerns, is often considered one of the more reprehensible acts of business fraud," Holmes wrote in his ruling.
     
  20. Robb

    Robb Moderator
    Moderator Lifetime Rossa Owner

    Feb 28, 2004
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    Robb
    Still good news for the owner and giving the unscrupulous pause...

    Robb
     
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