Legal ? Fabricated Reciepts

Perhaps it is me, but I cannot say from your post what scenario you are facing:
1 - Receipt is fake, fabricated by the seller. In this case you have a strong case with the seller.
2 - Receipt is good, but the previous owner has been conned because the listed work was not performed, even if paid for. In this case, I do not know what you can do as the seller was in good faith.
Ciao
Eugenio

 

If the receipts are in fact fake and the seller represented that they were real when he knew (or even suspected, but did not warn you) that they were fake, you absolutely have a claim against him.

I recently bought an 84 GTS QV. Still waiting for my seller to deliver the receipts.... Hopefully it's not the the same story.

Good luck!!

 

Call the California bureau of automotive repair. They have mechanic shops (with state mechanics) that will inspect your car. The penalty for charging for work not performed is Draconian.

Obviously, it sounds like the "seller" and the mechanic were together on it, or the mechanic ripped him off.

The B.A.R. will take the ball and run with it. For once, you are lucky to live in California.

1-800-952-5210

http://www.smogcheck.ca.gov/StdPage.asp?Body=/GenInfo/Publications/Auto_Repair_Guide-Jan_2004.htm

Jay

 

hate to be the pessimist, but for that kind of money, if he doesn't want to pay, he won't have to. doesn't hurt to try to scare him though.

 

If the B.A.R. confronts the mechanic and he admits that the seller asked him to give him the receipts, or claims that they were not his receipts, that the seller must have forged them, then sue the seller (and the mechanic if he did them for the seller) under the state consumer fraud act. I'm not sure, but I believe California law provides for treble (3X) damages, i.e., 3 times what you paid for the car, plus the cost of any repairs, plus attorneys fees and costs of suit. Of course, the mechanic who did your work is going to have to testify that the work was, in fact, not done.

 

I don't know if you are referring to the mechanic, but if "he" the mechanic doesn't make restitution, he gets his license yanked, and in California you cannot charge any money to repair a car unless you have a license. If you fix a car, and charge the guy, and get caught? The STATE, not the car owner, will sue you, and give the money (parts and labor) back to the car owner.

In other words, it is a good idea to keep your license in good standing in CA.

Jay (licensed in CA)

 

Another reason to buy a car that you know needs "service/work".

This is another in a long line of threads/posts where a car was "supposedly serviced" and turned out to be otherwise.

Buy a car that you know needs work, get it for the discounted $, do the work and then you know it's right...otherwise you've paid the premium for the "up to date work", then the extra $ to actualy get it right and where are you then?

 

Definitely not 3x what you paid for your car. Probably 3x your actual damages. In other words, if the lack of service resulted in a decrease in value of $5000, you could be awarded up to $15000.

 

You may have a claim for misrepresentation. In court youll first have to prove that, in fact, the service was never performed. That'll be tough thing to prove in all likelihood. Assuming you prevail on establishing there was a material misrepresentation then you'll have to establish exactly what are your damages. Don't be surprised if damages are not equal to the cost of the service, rather, something less. This won't be an easy claim to prevail upon unfortunately...

 

Yes.. treble damages... but not 3x the car cost.

 

That's what I was saying... not sure about CA law. It varies from state to state. Some states it's based on the price of the car, others it's based on actual damages. In some states, it's based on the price of the car as a disincentive to the unscrupulous seller to misrepresent the condition or history of the car. In any case, he should consult with a local lawyer regarding his rights and his options before trying to deal with either the mechanic or the seller.

 

Wouldn't a simple phone call to the mechanic/shop named on the receipt before the car purchase have solved this?

I know, close the barn door after the horse is gone and all, but I think this is a good warning to any future purchasers to verify receipts for major work BEFORE purchase.

 

One of the problems in California though, is that fact that there is no lemon law on used cars.

All used cars sold in California are sold "As is", with no warranty, unless expressly stated in the sales contract.

The rule is: "Caveat emptor" i.e., "Buyer Beware"

I'm not an attorney, but I've dealt with this sort of thing before, when I sold (and fully disclosed verbally) a car that was in need of some brake work. I prevailed, because the buyer was informed of the work that needed to be performed and bought the car anyway. Then when he decided he was unhappy with it, called me and asked to bring it back. I offered to fix the brakes for him, for free. He refused my offer and went to Sears instead, where he spent over $600 having the entire brake system rebuilt, on a car he purchased for $150.

I could be wrong; But I don't think this will be an easy case.

If your mechanic took pictures of the existing condition of the engine, prior to his performing the work, then you'll probably be in a lot better shape to claim fraud. But make sure you bring in all the old parts and any pictures that show the work you had done, being performed.

Otherwise they can simply claim you are trying to charge them for work they already did. And who's to say without proof?

Best of luck. I hope this works for you. And hopefully, the mechanic is inclined to be more honest than the seller!

 

You bought the car without the receipts??