See you in Court. Fraudulent Engine sale.

[pmueller]

Re: See you in Court. Fraudulent Engine sale.

BillP is right. When I went to small claims in Michigan the maximum amount was $1,000 plus fees (sheriff fee to serve warrant, etc.). Even after I won the case, it was up to me to find a means for payment. I had to find/identify his car to repo, or his bank account number, etc. The whole case took about 9 months (through a weird set of circumstances I found someone who did business with him and was willing to let me see a cancelled check to get his account number). <br />I do recommend trying to settle with the seller first.

 

[AUGIDAWG]

Re: See you in Court. Fraudulent Engine sale.

You could stand outside his place of buisness with a sign that says,<br />"He lied about the size of his Johnson!"<br />"I am very disappointed about it!"<br />"I expected a bigger one for the money I gave him!"<br /><br />Whoops! It was a Mercury. Never mind.

 

[Calabrio]

Re: See you in Court. Fraudulent Engine sale.

Again, it was a private seller. So the rules are a bit different. If it was a store or business of somekind I'd be in a far better position. If this guy didn't "know" he was perpetrating fraud, the contract will be voided. That's not what I want. I've invested money, and hundreds of manhours into this boat already.

 

[LubeDude]

Re: See you in Court. Fraudulent Engine sale.

Ive never heard you say whether "He knows you know, he knows you know that he knows"??<br /><br />Play on words!<br /><br />LubeDude

 

[grandx]

Re: See you in Court. Fraudulent Engine sale.

Who did you buy it from? Is it a business or individual?

 

[BillP]

Re: See you in Court. Fraudulent Engine sale.

Calabrio,<br /><br />Disclaimer: the following is not legal advice. <br /><br />I think you will find that ignorance of the seller does not change his legal obligation to provide delivery of an item as advertised. Ignorance is NOT a defense on this. If he didn't know about it the degree of crime is different...such as 1st, 2nd or 3rd degree. <br /><br />From what you posted I have a hard time believing the guy didn't know about the motor. However, if the guy is a straight shooter he will gladly (without hesitation)refund your money or make the deal right. I personally wouldn't trust him on anything but a refund or straight out cash settlement for the motor. <br /><br />Have you contacted the guy yet? If so what was his response? <br /><br />BillP

 

[snapperbait]

Re: See you in Court. Fraudulent Engine sale.

Calabrio... Would you please post the serial number of the engine as stated on the transom clamp/assembly and the serial number (help me out on the #'s location here guys) located somewhere on the engine crankcase itself... The number is possibly on a freeze/welch plug?<br /><br />I've seen things like this before... Newer powerheads on older motors, old powerheads on newer motors, and a few that were total hodge-podged engines that were rebuilt using parts from many different years with serial numbers that just did'nt jive...

 

[Bradster941]

Re: See you in Court. Fraudulent Engine sale.

Calabrio,<br /><br />I'm down the street from you in Englewood.<br />By any chance is this guys name Laddia ( La'D'a)?<br />An older Greek guy. This sounds exactly like his M.O.<br />Another guy up there that pulls this crap is Rick M. White male, 40s, about 5'-10". Another dirt bag in Sarasota.<br /><br />Sarasota County small claims allows to $5000 plus court cost. Here is the link http://www.scgov.net/Frame/ScgWebPresence.aspx?AAA498=B8BEB1B8BD6FB0B483C5 ADB8B3B4BCB9B680B2B280B6C0<br />Small claims is down on the left side.<br />If you win your case, make sure the 1st. thing you do is get a lien on any real property or you will never see your money. The county court will tell you that although you won your case, it is up to you to collect. They won't help. <br /><br />If you let him replace the motor, make sure you have your mechanic check it out before excepting the deal.<br />Let me know if I can help.

 

[mcmurray101]

Re: See you in Court. Fraudulent Engine sale.

You still haven't told us if you have approached this guy with the information you have related to us. If you have, what is his explanation and what has he told you he would do to try and rectify the situation? Or has he told you that you're stuck with what you've bought?