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Such legal action...
generally fails to do more than enrich the lawyers representing both sides. You're in the area of civil vs. criminal litigation and it's necessary to prove several things for fraud.
(1) Seller knew better.
(2) Seller intentionally withheld or falsified disclosure.
(3) Buyer relied on seller's disclosure(s).
(4) Financial damages to buyer resulted.
The rub comes with #4.... A smart opposing attorney will most likely demonstrate that by parting out the car and selling individual components, buyer winds up with an actual PROFIT vs. financial loss!
Plus, whether a judge or jury is selected, there's a tendency to see two, well heeled, adversaries squabbling over a high end classic 'car toy' they wish they had the ability to own and to teach both sides a lesson.... Verdicts like ruling in favor of defendant and awarding, say, $1 in damages to teach a lesson in 'abusing' the court's docket load wouldn't be uncommon! -
Re: flawed restoration, mostly body work, interior
Katherine,
As Jack mentions, it's tough without some sort of documentation or WRITTEN contract ahead of time saying what was expected.
A colleague here in town spent well over $60,000 on body work for a Model A (yes, that number is correct) and it still wasn't done (mechanical and chassis had yet to be started!!!). Sure, the restorer had "documentation" of the time on the project, and the owner had little recourse but to pull the car out of the shop and bring it elsewhere.
So now he'll pay another $30k + to finish the project. Yikes. He about fainted when I reminded him he could have purchase a Corvette and a V*per for what he will have in that silly car.
Best wishes on whatever course of action you decide.
PatrickVice-Chairman (West), Michigan Chapter NCRS
71 "deer modified" coupe
72 5-Star Bowtie / Duntov coupe. https://www.flickr.com/photos/124695...57649252735124
2008 coupe
Available stickers: Engine suffix code, exhaust tips & mufflers, shocks, AIR diverter valve broadcast code.Comment
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Re: flawed restoration, mostly body work, interior
Katherine, it sounds as if there may have been some criminal violations as well as potential civil litigation. Use of a credit card without permission is definitely a state criminal violation, as well as a potential federal violation, depending on whether it affected interstate commerce (necessary for federal jurisdiction). Regardless of the amount of credit card use, you should contact your local district attorney or U.S. Attorney. You may want to contact the local police to make a report, but unfortunately, credit card fraud isn't a high priority crime to them.Comment
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Re: flawed restoration, mostly body work, interior
Jack and Patrick give good advice. Jack makes a very good point about the civil side regarding jurys and the opposing attorney. I want to make it clear that I was ONLY referring to the criminal aspect of your situation. The government will bear the burden of proving whether the shop committed any criminal violations, and the prosecuting attorney will depend a great deal on your documentation. And in the end, you may not get anything out of it, except aggravation, as well as lost time and the satisfaction that you may have prevented the shop from doing more harm to others. Gook luck.Comment
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Kathrine please advise
Where this "restorer" is located so that others don't get caught up. His name would be better but a geographic location may identify him. ThanksComment
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You are not alone
Katherine -
I am sorry this has happened to you. There is little I can add to the good advice you have already received.
If the shop owner is unethical, there will be other highly dissatisfied customers out there. I would find some of these people and work with them to get restitution.
The truth is your friend in this battle. Be very careful to preserve it. It may be tempting at some point, but you certainly don't have to exaggerate the damage or bad acts by the shop in the retelling to get attention. The price you paid should have resulted in top notch work.
Be prepared for the shop to emphasize any part you may have played in the disappointing outcome. For example, the shop's lawyer will pursue questions like: Did you make timely and informed decisions when asked? Were your expectations realistic? Did you pay your bills as agreed? Did you accept any offers of rework? If you testify in very factual terms, you will have the maximum credibility possible.
I restore Corvettes for a living, but I consider it my art. It makes me sick when bandit shops create the impression that this business is full of crooks. There are many good shops who work very hard to satisfy their customers. Oddly, these honest owners have plenty of business but they don't appear to be getting rich from it.Comment
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Re: You are not alone
Katherine: as Brian suggested, it would benefit NCRS members significantly if you would at least identify the State in which the scoundrel crawls under his rock at bedtime.MikeComment
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Re: You are not alone
Katherine, I was horrified when I read your post. I reside in NY, and my brother owns one of the largest body and repair shops in Westchester County.I spend many hours at his shop. Here all repair (restoration) shops are required to be registered and licensed by the state DMV. When complaints such as your surface, usually the threat of a formal complaint with and investigation by the DMV is sufficiant to get the shop to bring his work up to snuff or resolve the complaint. No respectable shop wants to have to deal in this manner with the DMV. I have seen the DMV come into our neighborhood and shut down garages and body shops that lacked the required large Green registration sign issued by the State DMV to all approved repair shops. I don't know about Mass but you may want to comtact your DMV and see if they have any jurisdiction here. On a final note..when my son's new Blazer was damaged by the installation of an aftermarket alarm system by Circuit City..we took them to small claims court. The Judge was not at all interested in thier excuses and awarded my son the damages plus court cost in a 10 minute hearing!
DonComment
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