Buying experience dilema (1 Viewer)

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Joined
Jan 21, 2008
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Just bought a 1996 80 about a month ago. To make along story short there is more severe damage from a previous accident than the PO disclosed. In fairness to him the accident didn't occur (so he says) while he owned it and he never bothered to look close enough to see the damage. He did say it was in an accident but it just got "tapped in a parking lot" and the whole fender was replaced. I bought (with the assumption it was in "good condition") it late at night after driving 7 hours with my wife and 3 kids and didn't start looking at it really close until I got it back home. I thought I got a pretty good deal since there was only 139,000 miles on it. Well, after getting it home and looking it over more closely there were a few things that just started looking suspicious. Water was leaking in like crazy (although it doesn't seem to have been doing that very long) through the drivers side door and the windshield. Got the windshield and gasket replaced but decided to take it to a body shop to check out the door. The top hinge was pulling away from the pillar and I figured they could do a better job than I could. The good news is all the water leaks have stopped due to some well placed sealant. The bad news is the true extent of the accident was uncovered. I ended up going to a total of 3 body shops and not 1 would touch it. They all said it was not repaired properly. One guy pointed out a place on the frame that appears to be bent (although it doesn't look terribly bent), the front pillar was bent and pulled back into place, the fender and hood are out of alignment, the body mounts are clearly bent. Two of the body shops even suggested that since the pillar was bent the structural integrity of the car has been compromised and won't provide as much protection in an accident. Now I don't mind fixing anything mechanical but the damage from the accident is making me question whether I can let my family drive in it safely and my wife has been using it daily to cart the kids around (she likes it as much as I do.....Yeahhh I picked a good one!). I called the PO and told him everything and of course he said he didn't know anything about it and he sold it to me as is and couldn't really do much,except feel real sorry for me. Since I'm unlikely to get anywhere with him I'm trying to decide if I should just cut my losses and sell it (auction or myself...and I would be 100% honest in everything I have discovered), just continue driving it and not worry about it (OK that's probably not really possible), or continue going to body shops until someone tells me something good. If you guys have any opinions let me know. I'm pretty bummed about any option....I guess love is truly blind!

Sincerley,
A Land Cruiser Addict
 
Bummer.

The accident happened before the PO had bought it? Any way to get more history on the vehicle? Are there lemons laws in your state, or did you sign anything that stated "vehicle sold as is?"

If it involves your family why chance it. It seems to me that a body shop would be willing to fix it if they could, and they probably aren't too far off on the structural integrity comments.


That said, what would the wife think of an exo-cage? :D
 
I bought it out of state and the lemon laws for used cars are very limited. If I had bought it from a dealer I might have a chance for some kind of recourse but from a private owner it's much more difficult. The bill of sale I have does say "as is" so technically that might make it my problem. The PO said the vehicle was in "good condition" (before I even drove down there) and I assumed by good condition he meant what is defined by KBB or edmunds or any other organization the deals with the value of cars. After talking to him about that point he said the "good condition" was just his opinion. I ran a carfax on it after I bought it (kicking myself for not doing it before) and have found out it's been in 3 accidents, one in the possesionof the PO but he claims that was a hit on the bumper and was repainted and didn't think it was that big of a deal....of course he didn't tell me about that until after I bought it and told him I had run a carfax. I could take him to small claims court to be real pain but realistaclly it'll probably just be a pain for me and I won't get anything. The exo cage would be a cool idea but I don't think she'll go for it.
 
Cutter - Not to be nosey but was this rig in GA, south of Atlanta about 40-50 miles? It sounds VERY familair to a story I was told and the miles are almost exact. Damage sounds the same as what I inspected before driving back to TN 5 hours without the LC. Luckily I worked in a body shop through high school and college..........

Sorry to hear about your situation but I would personally think twice about my wife and boys in the Cruiser I looked at.

Curt
 
There are very specific requirements for selling a car "as is". Font type, font size, specific wording, document format and exactly where on the document you sign can all be requirements for selling a vehicle "as is". Check the sellers state laws. If everything was not done properly by the seller you may some recourse if there the vehicle has undisclosed structural damage or is unsafe to drive. Search for lemon laws and "as is" sale requirements for the state you purchased the vehicle in. Every state is different.
 
As a general rule, you purchase a used vehicle from a private seller "as is." There are exceptions, though. For example, if the previous owner intentionally misleads you about some material aspect of the vehicle, especially with respect to a defect that couldn't be found in the course of a normal inspection, there may be recourse.

According to you, this guy told you that there was damage, but that it was not that bad. And now, you have discovered that the damage is extensive and basically irreparable. Have you spoken to the seller about this? There may be no need for legal action at this point.

In my opinion, it is important that you document your conversations with the seller, and that you create a written timeline of events highlighting at least the following: when you bought the vehicle, when you picked up the vehicle, when the seller disclosed the replaced panel, etc.

This is not legal advice. Just my opinion. Good luck.
 
Curt,

Yes this landcruiser was south of Atlanta in Forsyth, Ga. It was being sold by a man with the initials WR. It is Green. I bought it Feb 10. When did you go look at the one you are talking about. I know there was another one for sale in the general vacinity that I called about but the guy never called me back so it's possible there is more than one that fits that description. He lives out on a pretty big piece of land and owns a construction company...same guy? He told me I was the first one to come see it. If it was the same one did you tell him the damage was fairly extensive or just walk away? I wish I had.

Breathed...looked up lemon laws already and they seem to apply to new vehicles. Tons of lawyers out there ready to go after manufacturers but not so many looking to go after individuals. Also I don't think Georgia even has a small claims court to settle disputes. In NC we have one and a damage disclosure that you have to have in order to sell a vehicle.

Atticus...I've documented everything. Sent the guy emails and talked to him twice on the phone. The last conversation he suggested I sell it myself and then settle something after I sell it. I would be stunned if he followed through with that offer. Of course that is all verbal agreements. His position is that when he got the vehicle he wasn't informed of the severity of the damage and assumed the damage was trully superficial and adequately repaired. Furthermore he claims to be passing on everything he knows about the vehicle so it's not his fault. I'm just left holding the bag.
 
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Curt,

Yes this landcruiser was south of Atlanta in Forsyth, Ga. It was being sold by Wayne Roush. It is Green. I bought it Feb 10. When did you go look at the one you are talking about. I know there was another one for sale in the general vacinity that I called about but the guy never called me back so it's possible there is more than one that fits that description. He lives out on a pretty big piece of land and owns a construction company...same guy? He told me I was the first one to come see it. If it was the same one did you tell him the damage was fairly extensive or just walk away? I wish I had.

Breathed...looked up lemon laws already and they seem to apply to new vehicles. Tons of lawyers out there ready to go after manufacturers but not so many looking to go after individuals. Also I don't think Georgia even has a small claims court to settle disputes. In NC we have one and a damage disclosure that you have to have in order to sell a vehicle.

Atticus...I've documented everything. Sent the guy emails and talked to him twice on the phone. The last conversation he suggested I sell it myself and then settle something after I sell it. I would be stunned if he followed through with that offer. Of course that is all verbal agreements. His position is that when he got the vehicle he wasn't informed of the severity of the damage and assumed the damage was trully superficial and adequately repaired. Furthermore he claims to be passing on everything he knows about the vehicle so it's not his fault. I'm just left holding the bag.

It is possible that he is telling the truth, and that his position is the correct one. However, if he affirmatively represented to you that there was only moderate damage to the vehicle before you purchased it, and you relied on that representation when you purchased the vehicle, you may have something.

HOWEVER, in this exchange and in all similar others, I can tell you this: caveat emptor. You bought a used vehicle without checking it out first. You took your chances, and have what you have. You should probably consider the fact that you will be eating this one.
 
Atticus,

I would definately say that I am going to eat this one...which is why I said pursuing any legal action would just end up being more of a pain for me. While I don't like the fact he overlooked obvious flaws and withheld information that would have prevented me from even getting in the car to drive down there in the first place (ie if he told me on the phone it had been in an accident I would not have gone) he didn't put a gun to my head to buy the car. Stupid me for not checking the carfax before going. And it is possible he's being 100% honest just not very perceptive. I'm the sucker that fell for this one, now I'm just trying to figure out if I should keep it or move on. I'm leaning toward getting rid of it.....funny thing is my wife is trying to talk me into keeping it.
 
Atticus,

I would definately say that I am going to eat this one...which is why I said pursuing any legal action would just end up being more of a pain for me. While I don't like the fact he overlooked obvious flaws and withheld information that would have prevented me from even getting in the car to drive down there in the first place (ie if he told me on the phone it had been in an accident I would not have gone) he didn't put a gun to my head to buy the car. Stupid me for not checking the carfax before going. And it is possible he's being 100% honest just not very perceptive. I'm the sucker that fell for this one, now I'm just trying to figure out if I should keep it or move on. I'm leaning toward getting rid of it.....funny thing is my wife is trying to talk me into keeping it.

I would get rid of it immediately.
 
Cutter - I hate to say it but it was Mr. Rousch and the same exact vehicle!!! I did point out to him that the damage was extensive and talked it over with him for probably 30-40 minutes. I drove about 5 1/2 hours one way to look at the LC. He did send me a few pictures but it was like he knew what to take pictures of and what NOT to take pictures of. I can tell you that after doing body, paint and frame work for over 7 years, I would not put my wife and kids in that LC. I did walk away and was nice but did not beat around the bush telling him what I saw and stated he had a severely damaged vehicle. His response was that he "thought" it had been backed into in a parking lot. No way this is feasible or possible with the damage I witnessed.

Sorry again dude, maybe I should have posted here the name and location of this vehicle. I did elude to it in my first post but I should have done more. This sucks........................if I can help in any way, you just say when, where and how!! You were not the first person to look at it and I definately pointed out the damage and stated I wasted alot of time and money to come look at it. He KNEW it was damaged, that I know for a fact.

Curt
 
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I'm leaning toward getting rid of it.....funny thing is my wife is trying to talk me into keeping it.



So... it seems the question now is figuring out exactly how compromised this 80 may be in an accident scenario. A leaky door and misaligned fender is not a big deal, but worrying that in an accident the vehicles history makes it unsafe - that seems like the big question.
 
Cutter,
Since Curt informed the PO of the damage, even if he really didn't know about it before (you know he did) he has committed fraud! It is illegal (in Utah) to sell a vehicle that has been totaled without informing you up front. I would talk to a lawyer, find out who handles prosecuting fraud in the state of purchase and also the local police in the town of purchase. This is no different than stealing your hard earned cash.. i would call the PO and tell him that you know he was informed of the damage (and can prove it with Curt's credit card receipts on his trip) and you want your money back NOW or you will sick the dogs on his @$$..
Good Luck

One more thing, Don't just stand there and let him get away with it. try anything and everything you can and then try something else to make sure this dishonest bastard pays..
 
It doesnt take too much time or pain to call an attorneys office and let them decide if you have a case or not. I wouldnt expect to pay a fee for them to decide whether they want to handle it or not. If they do think its a case then decide how much of the returned cruiser purchase money you can afford to pay them with.
.02
 
Curt.......WOW!!! I suspected as much.

Thanks everyone for the helpful advice and links....I think I'll give him another call with this enlightening information. If he doesn't budge I'll give a quick call to a lawyer and see what they think. It's great to have this kind of support
 
As stated above, just let me know what I can do to help. He got me too, I just didn't buy the LC.............

PM if you want my cell #. I do have reciepts from the trip and possible e-mails as well, I will dig around and see what I can find.

Curt
 
Cutter, hope everything works out for the best, where are you located in NC?
 

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