Legal recourse?

How much time and energy you want to put in it?

What exact outcome do you want?

 

(If it fails inspection by another place then the dealer is facing issues about passing it. Etc etc...)

 

So the dealer already told you to pound sand?

 

Did they give you a list of what was included in that 100 point inspection - what was inspected and whether each point passed or failed?

Do you know their criteria for passing each point, or for that matter 'passing' the inspection overall (car passed 85 out of 100 points, that's an A in most schools)?

Can you demonstrate that the specific repairs you made were to repair items they represented as 'passed' in their inspection (once again, refer to 'pass' criteria)?

If the answer to any of the above is no, let it go and enjoy your new car. Life is too short.

 

would need to know exactly what the 100 point inspection was .. some of them are pretty vague .. interesting they did not do a state inspection....
I would be happy if they would pay for the repairs.
but then again "as is" means ignore everything else i said the car is...AS IS...

 

I'm an attorney and I doubt I'd waste the time and effort unless this was a VERY expensive car, and I had proof of representations made to me prior to sale that turned out to be false. Don't forget, you also need to prove the representations were false; that will require the testimony of an expert/mechanic.



Mark

 

What did the PPI indicate?

 

It comes down to how important it is to you. Smart people avoid litigation. Litigation costs HUGE money. It does serve its purpose but for your matter, take it on the chin and move on. There are cases that are worth pursuing but know that it is a blood sport where nobody actually wins even if awarded a settlement. If you are awarded a settlement ( which would involve only your hard costs + damages) you will have your focus diverted from things that actually make you money. That's the real cost. I have a case in front of me that I could win right now involving big dollars. I have the cash to do it, the motivation and the evidence but at the end of the day, I would rather buy an FF and put a huge smile on my face each morning as I do. Tread lightly, speak easy and do your diligence in advance to avoid bad situations. And whatever you do, be accompanied by multiple staff when interacting with female staff.

 

I can't speak for PA, but NV law is extremely tough on AS IS sales - you have to show outright fraud to get anywhere.

It's the buyer's responsibility to do all inspection and investigation on an AS IS car pre-purchase, and the AS IS disclaimers and waivers on the sale documents disclaim all representations and warranties. In the leading Nevada case, Scaffidi v. United Nissan, the plaintiff bought a Camaro that they did not tell him was 1. a rental car; 2. had been wrecked in a major accident. Case dismissed on the AS IS sale.

 

Always - Always Get a PPI from a third-party. Never trust anyone.

Even if it is a certified Ferrari dealer - do not let them do the inspection, unless there is a warranty included.

 

How much was the ball joint? Could just sue for that in small claims court. May have to settle for limit $, but would be rather quick, and cost little. If you could show it failed state inspection for safety I think you will win.

AC - I don't think you will have recourse

F1 - pump, Ferrari shop may have caught it but will be hard to prove.

Thermocouple- I don't think you have a case unless they reset CEL just prior to sale which would be impossible to prove.

I hope you get over this quickly and your experience is badly tainted. Isn't it a blast to drive it and just look at it though?



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Hey Google is great! This is apparently a typical 100 pt inspection. Lots of fluff, only 98 & 99 may have caught it, but perhaps not.


1 days Door seams- even and straight
2 Fender seams- even and straight
3 Hood and fender seams- even and straight
4 Trunk and fenders seams- even and straight
5 Body panel repair check- body repair indications
6 Fender repair check- fender repair indications
7 Door repair check- door repair indication
8 Rocker panel check- rocker panel repair indication
9 Consistent paint color check
10 Repaint check- overall vehicle
11 Overspray check- moldings
12 Overspray check- door edges
13 Overspray check- hood
14 Overspray check- trunk
Tire Inspection
15 Consistent 4 tire tread check
16 4 tire size check
17 4 tire brand check
18 Spare tire check
19 Tire jack check
20 Tire lug wrench check
21 Locking hubcap removal key check
22 Spare tire inflation check
Suspension Inspection
23 Level vehicle check
24 Shock absorber check
25 Noise check on vehicle corners
Frame Inspection
26 Frame straightening check
27 Trunk interior
28 Wheel well interiors
29 Hood interior
30 Frame outer edge
28 Check for scratched or recently cleaned areas
Gas Cap and Filler Neck Inspection
29 Gas cap check- correct fit, key
30 Interior gas cap- filler neck, leaded fuel restrictor
Interior Inspection
31 Upholstery check
32 Upholstery tears
33 Upholstery stains
34 Upholstery burns
35 Dashboard check
36 Headliner check
37 Seats adjustment check
38 Missing window cranks, door locks, handles, dash controls 
39 Interior light check
40 Dash bulb check
41 Carpet condition check and match
42 Water damage check- mildew 
43 Under dash carpet check- heater core or air conditioner leak
Car Accessories Inspection
44 Accessory operation test 
45 Air conditioner- quick response and proper temperature
46 Heater- quick response and proper temperature
47 Alarm system function 
48 GPS function
49 Audio system check-speakers
Engine Compartment Inspection
50 Oil and fluid leaks check 
51 Full operating temperature check
52 Smell check- leaking fluids on hot engine parts
53 Noise check- clattering, metallic, hissing
54 Missing parts check
55 Removed parts check
Under the Vehicle Inspection
56 Fluid leak check. Green antifreeze, reddish power steering or transmission fluid, dark brown or black fluid oil or brake fluid. 
57 Transmission underside check
58 Axle ends check
59 Engine underside check
60 Brake line connections check
61 Ground check- fluid leak beneath the vehicle 
62 Loose parts
63 Missing parts- bolts, clamps, brackets or cables
64 Rusty exhaust system parts
65 Bottomed out check- scrapes
66 Exhaust check-normal temperature
67 Smoke check-White or blue and black smoke
Engine Inspection
68 Engine start check
69 Engine stall check
70 Engine idle check
71 Engine idle speed check
72 Engine acceleration hesitation 
73 Engine smooth operation check
74 Engine power check
75 Cruise control check
76 Engine system warning lights check
77 Engine dieseling check
Transmission and Clutch Inspection
78 Smooth automatic shifting check
79 Smooth manual-shift 
80 Smooth take-off without grabbing or jerking
81 Hard acceleration in third or fourth gear 
82 Hard acceleration while going uphill
83 Clutch Slippage Check- Rise in engine RPMs without a equal increase in vehicle speed
84 Low gear manual-shift check
4-Wheel Drive Inspection
85 4-wheel drive Forward and reverse check
86 Tight corner check- noises
87 Tight corner check- wheels bind or pull
88 Straight drive check- wheels bind or pull
Brake Inspection
89 Brake check- various speeds 
90 Brake check- sudden stop check
91 Brake check- pull to one side
92 Brakes stop check 
93 ABS check- sudden stop capability
94 Wheel lock check
95 Parking brake hold and release check
Steering Inspection
96 Steering check- vehicle pull to one side 
97 Steering check- stiff
98 Steering check- sharp turn- noises, rubbing, binding
99 Steering check- shake or vibration at higher speeds
100 Steering wheel check- centered



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The ball joint should be refunded. The other things are hard to prove.

 

From the laundry list of issues, figured this was the case. They saw you coming....

Never trust anyone....

 

Why not just ask them nicely to pay for the repairs? I would not even spend the time thinking about legal recourse or case-building until you ask them to make good, besides that its the first thing to do to build a case. You might be surprised at their willingness to negotiate because they know the trouble and heartache litigation brings. Bite your tongue and be nice, make them feel sorry for you, make the feel guilty for telling the nice guy to pound sand...negotiate.

 

Yes, venting and learning options is better than just hoping.
Good luck, in the end you will still be fortunate to own a Ferrari....remember, two of the best sounding words are "my Ferrari"

 

A 100 point inspection from a non-Ferrari dealer is worthless.

You got taken but there's probably nothing you can do. It's buyer beware in the used market.

 

You've tried to put your trust in a used car dealer.

Save your time and money, get the car fixed and try and move on. Its an ego deflating hard lesson to learn but you are not the first and certainly won't be the last to learn it.

No matter what their reputation is, no matter how modern their showroom, do your homework and don't trust any of them.