An ethical dilemma?

[semlin]

In Brett's defense, the engine had been (poorly) rebuilt at some point in the past.
And the clutch has very low miles on it.

in the other thread you included a quote indicating that brett has stated that as part of the restoration he had rebuilt those things and installed a new clutch. did i get that right?

if so, it really does not matter if someone had rebuilt the engine in the past or the 1996 clutch had low miles. he sold a newly restored vehicle.

 

[agomez]

that 40 doesn't look all that bad.....what did the new owner pay?

 

[Fast Eddy]

I will not respond to any future drama regarding these posts.

How about past drama? Please just a quick comment on the state of that transmission photo I linked earlier in this thread. How could you replace the clutch and leave that POS in that kind of condition? If it was in that pretty truck in your photos, I'm even more appalled.

 

[Gumby]

in the other thread you included a quote indicating that brett has stated that as part of the restoration he had rebuilt those things and installed a new clutch. did i get that right?

if so, it really does not matter if someone had rebuilt the engine in the past or the 1996 clutch had low miles. he sold a newly restored vehicle.

If he said the truck had a rebuilt engine and a new clutch it is absolutely arguable that it it was true, in fact many of the problem stem from the rebuild. Had he left it alone it might not be scrap now.

A Land Cruiser clutch for a 40 could absolutely sit on a shelf in a parts store that long. The date code doesn't say how long its been in the truck.

the question of whether he said it was during the restoration, part of the restoration or was a feature of the truck doesn't necessarily mean much.

 

[Gumby]

that 40 doesn't look all that bad.....what did the new owner pay?

There's the big question. If the new owner bought it from a "restoration shop" in the condition that it was represented to be for less than $30K, then he was not very realistic of what a quality shop charges, or thought he was stealing the truck, which is how flippers get away with stuff. They prey on people thinking they can get more than what they pay for and that rarely happens at all and never happens from a dealer.

Not to defend a flipper. They are scum. But, you don't get Jim C work or TLC work for free. Quality costs money and takes time. The stuff you see Big N Loud and Wheeler Dealers doing, steam cleaning engines, filling in dents and throwing paint and rims at a car, and flipping it in a few weeks, that's not a restoration and not everybody that buys the crap they sell is happy.

 

[fj83landcruiser]

Ok so I'll respond to Pierps about buying his FJ40. I drove 6 hours to downtown Seattle with a 34 ft trailer to buy his FJ. Halfway there, I found out he has a loan on the FJ from a bank in Texas, I get there, it is nowhere near what he claimed. I got out on a 1 way street again in Downtown Seattle to look, blocking traffic with almost 60 total feet on truck and trailer, waited 15 minutes, got shooed away by meter maid cops, HE DID see me leave. What do I do, argue with him about it...no just move on. Who's time was disrespected?

 

[retrofive]

Ok so I'll respond to Pierps about buying his FJ40. I drove 6 hours to downtown Seattle with a 34 ft trailer to buy his FJ. Halfway there, I found out he has a loan on the FJ from a bank in Texas, I get there, it is nowhere near what he claimed. I got out on a 1 way street again in Downtown Seattle to look, blocking traffic with almost 60 total feet on truck and trailer, waited 15 minutes, got shooed away by meter maid cops, HE DID see me leave. What do I do, argue with him about it...no just move on. Who's time was disrespected?

Then why not a simple txt or call or email saying Im out. What did you expect in Seattle for parking??

 

[semlin]

If he said the truck had a rebuilt engine and a new clutch it is absolutely arguable that it it was true, in fact many of the problem stem from the rebuild. Had he left it alone it might not be scrap now.

A Land Cruiser clutch for a 40 could absolutely sit on a shelf in a parts store that long.

the question of whether he said it was during the restoration, part of the restoration or was a feature of the truck doesn't necessarily mean much.

it means a fair but. if that's what happened it would be an actionable fraudulent misrepresentation.

if i buy a car represented in writing to have a freshly rebuilt engine and i receive a car with engine rebuilt at an undetermined point in the past that has significant mechanical problems, then that is an actionable misrepresentation for which i will receive damages likely totalling the cost to rebuild the engine.

another reason it is relevant is that it severely diminishes the credibility of the vendor meaning that the judge may choose to disbelieve his evidence on other disputed issues. i will grant you the clutch might be nos. however, the circumstantial evidence indicates otherwise. i am doubtful a court would be giving the seller any benefit of the doubt if he deliberately misrepresented the condition of the engine, transmission and tcase.

finally, proving fraud starts to open the door to additional punitive damages because it is a wilful misrepresentation rather than simply a negligent one. the way you breach a contract is relevant. if you do it by accident, then simple compensatory damages are enough. if you do it on purpose in a fraudulent manner then the court has a jurisdiction to punish as well as compensate.

 

[bogus one]

it means a fair but. if that's what happened it would be an actionable fraudulent misrepresentation.

if i buy a car represented in writing to have a freshly rebuilt engine and i receive a car with engine rebuilt at an undetermined point in the past that has significant mechanical problems, then that is an actionable misrepresentation for which i will receive damages likely totalling the cost to rebuild the engine.

another reason it is relevant is that it severely diminishes the credibility of the vendor meaning that the judge may choose to disbelieve his evidence on other disputed issues. i will grant you the clutch might be nos. however, the circumstantial evidence indicates otherwise. i am doubtful a court would be giving the seller any benefit of the doubt if he deliberately misrepresented the condition of the engine, transmission and tcase.

finally, proving fraud starts to open the door to additional punitive damages because it is a wilful misrepresentation rather than simply a negligent one. the way you breach a contract is relevant. if you do it by accident, then simple compensatory damages are enough. if you do it on purpose in a fraudulent manner then the court has a jurisdiction to punish as well as compensate.

GAWD DAMN you turn me on with all your legal speak.


Hijack over

 

[fj83landcruiser]

Thanks all for the legal advice, fortunately every male in my family is an attorney as well as my wife, so I think I'm covered.

 

[Pierps]

I'm deleting this post... It was long, nd the more I typed, the angrier I got.

End of the day, my issue with Brett pales in comparison and only distracts from the other far more serious allegations. The one thing I will say is that I represented the rig as best I could in my ad, including all known faults:

Grinding T-case
replaced rear quarter panels
otherwise original paint, with a fair share of nicks and dents, with some surface rust

Well within Brett's right to pass on the sale. My issue is the way he handled himself in the process.

With that, I will stop posting in this thread because I'm being a distraction.

 

[Pierps]

...deleted...

 

[Trapper50cal]

There are people who earn trust and respect via decades of trustworthy actions and respectful and professional treatment of others...and there are people who attempt to generate trust via hyperbole, empty threats and misdirection. Nothing identifies the difference more than history and observable reality. One is genuine and one is a costume, I'll leave it up to everyone else to identify which party represents each category of person defined above. If it walks like a duck and it talks like a duck (and is found guilty of being a duck) then it's a duck.

 

[crushers]

later in this thread you state you have 1500 sales to 98% of happy customers.
as part of the 98% were those you sold those scrap engines to ... (and later did time for)??
no offense intended, just curious.

<if that is so, then that leads to the assumption that your legal relatives are about as good as you are ... not worth a s***>

This is Brett Young is response to the claims made ... ... I do not like conflict, ... In closing, I do take a lesson from this, I’m extremely disappointed, I will do my best in the future to eliminate this type of problem and modify sight unseen sales.

 

[canucksafari]

Thanks all for the legal advice, fortunately every male in my family is an attorney as well as my wife, so I think I'm covered.

I'd think they'd be careful about taking up your case. Lawyers also can go to jail for perjury. Perhaps you have a judge or two in your family?

 

[Trapper50cal]

I'd think they'd be careful about taking up your case. Lawyers also can go to jail for perjury. Perhaps you have a judge or two in your family too?

All the family connections certainly helped last time around...I assume.

 

[semlin]

Thanks all for the legal advice, fortunately every male in my family is an attorney as well as my wife, so I think I'm covered.

pretty sure nobody offered you any advice legal or otherwise.

why do you feel the need to state your family's preferred occupation? is that meant to be a threat?

fwiw, nobody here on mud has convicted you of anything. we don't know exactly what you told the buyer or what exactly happened. if you've been wrongly accused this thread would turn on a dime. if you want to defend yourself that's your decision, but there is definitely no need for threats.

 

[SouthBostonFJ40]

Brett-
Did you go to jail for fraud?

 

[Spike Strip]

 

[reconranger]

All those family lawyers helped him the last time.