Do not buy this car!!!!! | Page 10 | FerrariChat

Do not buy this car!!!!!

Discussion in 'Ferrari Discussion (not model specific)' started by PassionIsFerrari, Mar 19, 2005.

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  1. The K Reloaded

    The K Reloaded Formula Junior
    BANNED

    Oct 28, 2004
    570
    Los Angeles
    Oh boy. As ugly (and morbidly entertaining) as this slow motion 10 locomotive train wreck of a thread is why doesn't some Ferrari owner go on a nice 5 state roadtrip and post pictures. We need some positive stuff on the site to attract attention.
     
  2. tubeguy

    tubeguy Formula 3

    May 21, 2003
    1,041
    Upland California
    Full Name:
    Kevin Deal
    #227 tubeguy, Apr 9, 2005
    Last edited by a moderator: Sep 7, 2017

    Better watch what you hope for. It may come true.

    If your deposit is what you think you should get back, you could have stated you were not giving the top back until you got da money.

    You didn't. You lied and said you didn't have the top, then met an F-chat buyer to sell the stolen goods to at a friggin hotel.


    I say hang him!!!!!
    Image Unavailable, Please Login
     
  3. wonkazoo

    wonkazoo Karting

    Aug 23, 2004
    190
    Woodside/RWC
    Full Name:
    David
    #228 wonkazoo, Apr 9, 2005
    Last edited by a moderator: Sep 7, 2017
  4. rakjoe

    rakjoe Formula Junior

    Oct 10, 2004
    566
    Los Angeles
    Full Name:
    Joe R.
    Somebody make a poll please (don't know how to do it, damn it..)
    1.Tmobil guilty of theft
    2.Tmobil guilty of stupidity
    3.Premier Guilty of excesive force and/or vindictiveness.
    4.Misunderstanding

    also please post a link to the poll in this tread please

    Thanks...in advance..
     
  5. sparta49

    sparta49 F1 Veteran
    Owner

    Mar 3, 2001
    7,804
    LA
    Full Name:
    Frank
    I hadn't checked this thread since my last post in it and boy was I missing out. I wonder if Tmobileguy is going to get to bunk with Keller or Beecher in OZ.
     
  6. UroTrash

    UroTrash Four Time F1 World Champ
    Consultant Owner

    Jan 20, 2004
    40,476
    Purgatory
    Full Name:
    Clifford Gunboat

    They're both detecives on Law and Order now, talk about screwing up the back ground check!
     
  7. Dr Tommy Cosgrove

    Dr Tommy Cosgrove Three Time F1 World Champ
    Owner Rossa Subscribed

    May 4, 2001
    36,426
    Birmingham, AL
    Full Name:
    Tommy
    EVERYBODY form OZ went to Law and Order.
     
  8. kiesan

    kiesan Formula 3
    Silver Subscribed

    Nov 21, 2003
    1,525
    Seattle
    Full Name:
    Kie Robertson
    How much do you figure Aaron's Xmas bonus will be from T-Mobile for all the publicity?
     
  9. Tenney

    Tenney F1 Rookie
    Consultant

    Feb 21, 2001
    4,287
    Unless it was the third targa top he swiped.
     
  10. Darolls

    Darolls F1 Veteran
    BANNED

    Jul 2, 2003
    7,782
    Full Name:
    Sparky
    Originally Posted by Darolls
    Why can't tmobileguy produce any back up to his accusations?


    Playing Devil's Advocate??
     
  11. Modificata

    Modificata F1 Rookie

    Apr 27, 2003
    2,654
    Hampton, England
    Full Name:
    Andy Rasool
    Personally i think tmobileguy is just stupid. But thats all. If he waited 3 1/2 weeks for the car and nothing happend then then he waited reasonable time to let things resolve. Maybe he should have waited another 4 days, but how many of us by this stage would be pulling their hair out?

    Yeah he shouldnt have kept the cover, but then he didnt have many other options. He said they approached him for the cover rather than him try to sell it to them. If someone would not return my deposit then i'd do what i can to get it back. I put a £500 deposit on a maserati which i was given in writing was salvage clear. Next day it turns out that the car was an insurance write off, so now im sueing the guy. Maybe Aaron should have handled it that way, but hindsite is 20:20.

    Dont get me wrong because what he did may well be illegal. SOmetime the law is not fair, and sometimes you have to bend the rules to get things done.
     
  12. TheCarcierge

    TheCarcierge Formula 3

    Feb 1, 2004
    1,837
    Boca Raton, FL
    Full Name:
    Scott Saidel
    Why can't I look away?

    Reading this tread is like staring at the sun during the eclipse.

    I know that I am being blinded but, yet, I can't avert my eyes.
     
  13. Four7EightBHP

    Four7EightBHP Formula Junior
    Owner

    Feb 20, 2005
    288
    USA - Colorado
    Hmmmm ...... looks to me like another story that begins with unhappy buyers and sellers on e-Bay. How many times have we seen or heard that?
     
  14. thecarreaper

    thecarreaper F1 World Champ
    Silver Subscribed

    Sep 30, 2003
    18,059
    Savannah
    given the amount of misery, i would think it best to let it go . Premier should have made sure the title was clear and correct before the sale. Tmobile guy should have checked it when he inspected the car. i can see his reasoning with keeping the top, but i dont agree with it. Premier should have issued a dealer temporary tag so the car could get registered and insured while the title was bieng "fixed". the credit union did not have to revoke the funds, as check digit errors on titles are common. they really cotributed to the the fire by messing with the money so soon, Premier is out the money and the car, tmobile guy has a car he cant drive and while in his possesion, things go wrong with it ( door locks ? ect). money makes the world go round. once the credit union messed with the money, both parties went on the defensive.


    i still think it better to pay for toys in cash.
     
  15. gil308

    gil308 Formula 3

    Jun 22, 2004
    1,975
    Charleston, SC
    Full Name:
    Gil
    People say he waited 3 1/2 weeks...I doubt it. He may have completed the purchase of his new 348 at 24 or so days, but he probably found it earlier. Tmobileguy seems to me to be the type who buys things spur of the moment without thinking, so maybe he agreed to purchase his new 348 as soon as he saw it and wanted out of his deal...which I think he had the right to do given the situation. I have said it before, he probably would have a good civil case if he didn't decide to turn into Bernhard Guetz (anyone remember him? He was from NY and shot some guys on a train...vigilanty).

    Anyway, tmobileguy dug his hole too deep for me and he lost all credibility on F-CHat...I love it...he posted that he has a friend who has a top and wants to know what it's worth. The guy is in his 30s but acted like he was a 5th grader.

    Great thread...better plot than most TV show...except The Shield (love that show).
     
  16. RAMMER

    RAMMER Formula 3

    Feb 20, 2004
    1,187
    Miami
    Full Name:
    Rammer
    Talk about incrimination! Tmobile tested/drove the car and took it home. This means he was happy with the product.....He cant complain about the car not being as described. Next, we have the vin problem. This is the time when Tmobile had to back out of the deal and it would have been fair. Premier stated that he asked for one month to fix the vin number. The above quote by Tmobile proves that he breached the contract when he found another car he liked prior to the one month he agreed to give Premier. This is very clear to me now!
     
  17. Dino 208gt4

    Dino 208gt4 F1 World Champ

    Jun 24, 2003
    14,868
    European Union
    Full Name:
    Roel
    Is he gone????
     
  18. spidermanUK

    spidermanUK Formula 3

    Feb 26, 2005
    1,609
    UK
    Full Name:
    Clive
    2 hours or 2 weeks driving it, what's the difference? As the e-bay listing states, you are entering into a legally binding contract!And on what basis have you entered into said contract....... their description!Surely you can sue for breach of contract by the seller, if it is subsequently discovered there is a material inaccuracy in the description?
    Personally, I prefer to buy any used vehicle from established, reputable firms, SIGHT UNSEEN, and insist on a written description as to condition being on the invoice.Then the onus is on them to declare, not me to discover! I bought an ex-demo Jag "over the phone" on the basis it had never been re-painted. 3 days after delivery I discovered evidence of re-spray, and successfully returned the car for a FULL refund. Something I MAY not have been able to do if I had inspected it.
     
  19. barabus

    barabus F1 Rookie

    Aug 22, 2004
    4,777
    12 Cylinder Village
    Full Name:
    Si
    Excellent Entertainment lads, as we say here in Blighty;

    "This Could Only Happen in America"
     
  20. lager99

    lager99 Karting

    Feb 8, 2005
    109
    Red Deer, AB
    Full Name:
    Jason
    That's brutal.
     
  21. barabus

    barabus F1 Rookie

    Aug 22, 2004
    4,777
    12 Cylinder Village
    Full Name:
    Si


    ;)
     
  22. daz355

    daz355 Formula Junior

    Jan 31, 2004
    743
    MclarenVille
    Full Name:
    Darren P
    But very true!!!What great entertainment.Better than Michael Jacksons' case.

    As McD's Says "I'm lovin it"
     
  23. Sfumato

    Sfumato F1 World Champ

    Nov 1, 2003
    10,194
    Llanfairpwllgwyngyll, Anglesey, Wales
    Full Name:
    Angus Podgorney
    #248 Sfumato, Apr 10, 2005
    Last edited by a moderator: Sep 7, 2017
  24. whart

    whart F1 Veteran
    Honorary Rossa Subscribed

    Dec 5, 2001
    6,554
    Austin, TX
    Full Name:
    William Maxwell Hart
    OK, here's my take as a New York lawyer, appreciating that Alabama law may control some aspects of this:

    The dealer breached its agreement by delivering a car with a finky VIN number, even if the dealer was innocent of any wrongdoing in that connection;
    at that point, the buyer's bank had probably had the right to withhold payment on the check;
    it is not entirely clear, but the "agreement" to allow the dealer 30 days to rectify the situation may run afoul of the Alabama statute of frauds, which, like most, requires agreements to be committed to a writing; there are, however, exceptions which may apply:
    The Alabama Commercial Code provides in relevant part:
    Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. ...
    (3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable:...


    (b) If the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted;...


    Without pretending any greater expertise than I have (I am a copyright lawyer and deal largely with civil cases), criminal law usually requires intent for such things as grand larceny, eg, the New York Penal Code provides:
    A person steals property and commits larceny when, with intent to
    deprive another of property or to appropriate the same to himself or to
    a third person, he wrongfully takes, obtains or withholds such property
    from an owner thereof.

    I would suspect (though i have not researched it) that withholding the targa top as a means to induce the dealer to return the security deposit may mitigate the intent required for the crime. However, withholding the property as a means to demand payment may also constitute extortion; without researching the issue, i do not know if good faith is a defense.
    I think the biggest screw-up our boy made was lying to the dealer about whether he had the targa top when first asked. At that point, he may well have committed a crime, whereas, had he said-upfront- i have it in my possession as security for the return of my security deposit, it may still be wrongful, but at least it has the "smell" of commercial reasonableness. If he only copped to it after the dealer offered to buy it back from him, I think his conduct is not as defensible.
    I don't mean to take either party to task. People do strange things, particularly when under pressure. Here, the buyer probably thought he got ****ed by the dealer and hit the panic button. This story has value here as a lesson to others, both dealers and buyers.
    Put sales agreements in writing;
    Have a PPI conducted by someone competent;
    buy from someone who is bona fide;do your due diligence before rather than after the fact;
    scrutinize the paperwork before you hand over the check, and let someone who is a professional at it handle the process- it is well worth the extra few dollars to make sure it is done right.
    If the deal changes, ie "I'll fix the VIN problem and you'll still be obligated to buy the car, if i can get it sorted out in X days" it should be put in writing;
    if in doubt, be honest; it's the best policy for both sides. No one, and i mean no one, is smart enough to fully appreciate all the ramifications of a lie, and how it can come back to bite them in the ass.
     
  25. res0zvle1

    res0zvle1 Rookie
    BANNED

    Jan 3, 2004
    1
    Here is how I predict this will end: Premier's lawyer will send a notice of suit to Tmobile for libel and other damages (insert large amount here). Premier will then provide a affidavit of non-prosecution for recovering the tidy sum and the case will be dismissed. Premier handled the matter professionally and is entitled to recover. Tmobile is a thief (not to mention an idiot).
     

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