Notices
Evo X General Discuss any generalized technical Evo X related topics that may not fit into the other forums.

Hernando fl, mitsubishi lied to me about my new car

Thread Tools
 
Search this Thread
 
Old Mar 5, 2009, 08:43 PM
  #31  
Account Disabled
 
cantbanme357's Avatar
 
Join Date: Feb 2009
Location: earth
Posts: 25
Likes: 0
Received 0 Likes on 0 Posts
you should tell them that with the email they lied about a material fact and that you are going to sue for damages and take there *** to court . you will win because of the email impied a specific thing . plus the fact your buddys with the guy who owned car can witness to the fact said car was owned youd win no problem !
Old Mar 5, 2009, 08:48 PM
  #32  
Account Disabled
 
cantbanme357's Avatar
 
Join Date: Feb 2009
Location: earth
Posts: 25
Likes: 0
Received 0 Likes on 0 Posts
this will when because under these circumstances you can claim you would have never bought the car . So it is fraud .
Old Mar 5, 2009, 08:48 PM
  #33  
Evolved Member
iTrader: (7)
 
macPSU's Avatar
 
Join Date: Feb 2008
Location: Central NJ
Posts: 1,602
Likes: 0
Received 1 Like on 1 Post
Do you have proof that the car was sold as brand new with no previous owner? If so, I don't see any reason the dealer wouldn't be held liable for fraud.

What's with people claiming the OP is wrong for believing the dealer that the car was new? I've definitely heard of cars with 1,000 test drive miles being sold as new, so the idea isn't too far off.
Old Mar 5, 2009, 08:49 PM
  #34  
Newbie
 
Mad TKD's Avatar
 
Join Date: Feb 2005
Posts: 25
Likes: 0
Received 0 Likes on 0 Posts
Dont you have a 3 or 10 day grace period to return the car. WTF is up with having to pull the engine and trans on a 1000 mile "new" car? Way to many things fixed for a brand new car. Does your paper work indicate wether it is used or new car? I would return the car ASAP and demand my money back. You should be able to back out of the deal but the longer you wait the harder it is going to be. You might also want to check with a lawyer in your area about the state laws regarding this. Even with all the warning signs that you yourself researched you still bought the car.
Old Mar 5, 2009, 08:50 PM
  #35  
Account Disabled
 
cantbanme357's Avatar
 
Join Date: Feb 2009
Location: earth
Posts: 25
Likes: 0
Received 0 Likes on 0 Posts
because the first owner took posseion with the intent and posesed for a reasinble time antill said contract was revoked thats why

Last edited by cantbanme357; Mar 5, 2009 at 08:54 PM.
Old Mar 5, 2009, 09:10 PM
  #36  
Evolving Member
 
infinite_666's Avatar
 
Join Date: Sep 2008
Location: Los Angeles, Ca
Posts: 157
Likes: 0
Received 0 Likes on 0 Posts
Alright, I'm going to give you free legal advice because I'm in a good mood.

I don't practice Florida Law, I'm in California. Keep that in mind. I'm a Business Law Student.
(I looked at this really fast, I'm a busy guy, mind me if I'm mistaken.)

It seems the dealer broke the Florida State Statue Title XXXIII "REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS", Chapter 501 "Consumer Protection", Part VI Unfair or Deceptive Practices; Vehicles :501.976 Actionable, unfair, or deceptive acts or practices. #3

It is an unfair or deceptive act or practice, actionable under the Florida Deceptive and Unfair Trade Practices Act, for a dealer to:

(3) Represent the previous usage or status of a vehicle to be something that it was not, or make usage or status representations unless the dealer has correct information regarding the history of the vehicle to support the representations.

Here is the link: http://www.leg.state.fl.us/Statutes/...20976#0501.976

From here you can go to a county court which has general jurisdiction (means it can hear your case), and handles civil disputes involving $15,000 or less. It seems you want punitive damages, this would cover that, and lawyer fee's, plus court fee's. A lawyer can elaborate more on this. But you will need a lawyer for county courts, which would be a Hernando County Court.

Now if you wanna play lawyer. You can go to small claims, but for this the amount in the dispute has to be less than $5,000. Here you could bring what I gave you, prove that the dealer lied. Just be creative. (you represent your self, its really easy)

Anyways, I hope this helped. I was in a rush while doing it. So sorry if I made any mistakes. If any mistakes were made just disregard it.

Last edited by infinite_666; Mar 5, 2009 at 09:15 PM.
Old Mar 5, 2009, 09:13 PM
  #37  
Newbie
 
sp2941's Avatar
 
Join Date: Mar 2009
Location: denver, co
Posts: 6
Likes: 0
Received 0 Likes on 0 Posts
ok.. i take my comments back.. ^^^^ he's the man.. listen to him.
Old Mar 5, 2009, 10:29 PM
  #38  
Newbie
 
amrock88's Avatar
 
Join Date: Jan 2009
Location: Lubbock/Gladewater, TX
Posts: 65
Likes: 0
Received 0 Likes on 0 Posts
yeah man next time double space lol.. but good luck though
Old Mar 6, 2009, 05:26 AM
  #39  
Newbie
Thread Starter
 
Nismo2GRS's Avatar
 
Join Date: Feb 2009
Location: CLEARWATER
Posts: 53
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by infinite_666
Alright, I'm going to give you free legal advice because I'm in a good mood.

I don't practice Florida Law, I'm in California. Keep that in mind. I'm a Business Law Student.
(I looked at this really fast, I'm a busy guy, mind me if I'm mistaken.)

It seems the dealer broke the Florida State Statue Title XXXIII "REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS", Chapter 501 "Consumer Protection", Part VI Unfair or Deceptive Practices; Vehicles :501.976 Actionable, unfair, or deceptive acts or practices. #3

It is an unfair or deceptive act or practice, actionable under the Florida Deceptive and Unfair Trade Practices Act, for a dealer to:

(3) Represent the previous usage or status of a vehicle to be something that it was not, or make usage or status representations unless the dealer has correct information regarding the history of the vehicle to support the representations.

Here is the link: http://www.leg.state.fl.us/Statutes/...20976#0501.976

From here you can go to a county court which has general jurisdiction (means it can hear your case), and handles civil disputes involving $15,000 or less. It seems you want punitive damages, this would cover that, and lawyer fee's, plus court fee's. A lawyer can elaborate more on this. But you will need a lawyer for county courts, which would be a Hernando County Court.

Now if you wanna play lawyer. You can go to small claims, but for this the amount in the dispute has to be less than $5,000. Here you could bring what I gave you, prove that the dealer lied. Just be creative. (you represent your self, its really easy)

Anyways, I hope this helped. I was in a rush while doing it. So sorry if I made any mistakes. If any mistakes were made just disregard it.
10x a lot!
Old Mar 6, 2009, 08:02 AM
  #40  
Evolving Member
 
Spy007's Avatar
 
Join Date: Jan 2009
Location: Denver, CO
Posts: 327
Likes: 0
Received 0 Likes on 0 Posts
Im also betting the DA's office would love to hear from you on this. Essentially whichever way you decide to go, its a slam dunk case. You supposedly have emails and records (make sure and save ALL emails and written conversations) where the dealer told you it was due to test drives (plural, not singular).

I personally would just give it back completely. NO reason you should have bought a used evo when the previous owner could have beat the crap out of it. Its already had a major issue with the transmission and that's only indicative of how the rest of the owning period will be.
Old Mar 6, 2009, 09:03 AM
  #41  
Evolved Member
iTrader: (1)
 
D420mac's Avatar
 
Join Date: Feb 2009
Location: Nap Town Maryland
Posts: 615
Likes: 0
Received 0 Likes on 0 Posts
yeah you got to make your point against these crappy dealerships!! Don't let them own you it'll adversly effect the rest of us!!!
Old Mar 6, 2009, 09:35 AM
  #42  
Evolving Member
 
GoKimiGO's Avatar
 
Join Date: Aug 2007
Location: New York
Posts: 213
Likes: 0
Received 0 Likes on 0 Posts
Your financing document will state whether the car was sold as a new or used vehicle. If the documents in fact state that the car was sold to you as new, then I would recommend taking the car back for a full refund and filing suit just for having to put up with the bullsh*t. If they don't take the car back just sue the crap out of the dealership. Then call Sam at South Coast and get an awesome deal.

1000 miles or not, new doesn't refer to the amount of miles on a vehicle, it refers to a vehicle not having a previous owner. It would also be possible to believe that they were test miles since Mitsubishi wasn't smart enough to provide one test vehicle per dealership. On top of that this is for a vehicle that was released a year ago, so it would be very possible for a 2008 Evo X to accumulate 1000 miles of testing and driving by dealership employees.
Old Mar 6, 2009, 09:43 AM
  #43  
Newbie
 
RogueValley's Avatar
 
Join Date: Feb 2008
Location: Oregon
Posts: 84
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by Nismo2GRS
10x a lot!
You could also go to your local DMV and sit in line, or try giving them a call to see what records they have for your vehicle.
Old Mar 6, 2009, 09:52 AM
  #44  
Evolved Member
 
DonHugo's Avatar
 
Join Date: Dec 2006
Location: round here
Posts: 763
Received 34 Likes on 27 Posts
proceed with local litigation first, then, after all is said and done, call the local news station. here we have a lady who goes and bugs the heck out of those who practice shady business and most of the time it results in proper action and apologies. But before you do that seek council from an attourney.
Old Mar 6, 2009, 09:55 AM
  #45  
Newbie
 
boostedblue607's Avatar
 
Join Date: Feb 2009
Location: Horseheads, NY
Posts: 76
Likes: 0
Received 0 Likes on 0 Posts
So, you traded a 350Z nismo for an X? I didnt read the whole post



All times are GMT -7. The time now is 11:01 AM.