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I Need a Little help!!!

Discussion in 'The Hokey Ass Message Board' started by Bigdaddykaddy, Jun 20, 2011.

  1. First off I sold my hot rod truck to a guy out west it was on his word that he would send me the money in a week. I did what I said what I was going to do to the truck and get it ready to ship out right away. I had done every thing I said I would do for him in that week and when Thursday came no money.Well I called him and he said it would be another week before he would have the money and so I waited I sent him recipts on the truck that I had and info on the truck and so on I sent him a paper stating the truck was SOLD AS IS NO REFUNDS FOR ANY REASONS. I sent these papers thru the mail so he would have to sign for them so I knew that he got them. Well another week went by and no money so I cleaned the truck up and drove the truck around the block and put it away . I kept calling him and he kept calling me back and we stayed in touch back and forth I thought thing were a little fishie but you hate to think everyone out there is that way. Well now were on the 5 week and still no money Ive gave up !! I get a call and its him Im putting money in your account today!!! Well then I get a call from a transporter that the guy has beening trying to get the truck picked up with out paying me. I told the transporter that on money has been put in my account. Well I asked the guy who is buying the truck have you been trying to get the trucked picked up and he said yes!! I told him the truck is not leaving intill all funds are in my account. So i wait another 3 more day and finally there in there all funds have cleared and are good to go. I start helping to get a shipper lined up for him and not one shipper will pick the truck up for him. So another 3 days go by in the mean time I have spent all most all the cash because I had irons in the fire with this guy. So i get a call Wednesday night Im coming to get the car I said fine ill be waiting on you he said Ill Be there at 600 so im wait and wait and wait 230 in the morning I get a call Im 30 min away. so my friend goes and pickes him up I pull the truck out in the street so I dont wake up my little ones and sit and wait on them to show up. He gets there and the guy thats his driving buddy is drunk as hell I could not beleave my eyes!!! So he looks over the truck I show him how to start it and where every thing was he loves it then I fire it up and he is blown out of his scocks how strong the motor is. He tells me and my buddy that he has never had and thing this fast before and he cant wait to get home to woop his buddies!! Well I told him this truck is fast and will kill you you better becare full!! So I load it up and give a few revs for the road she sound bad ass !!I tell him to take it home and go over every thing and change the oil because all the rain he will be going thur its a HOOD LESS HOT ROD!!! I get a call from him on Friday he made it back home and he loves it.Well today I get a call and he says theres something wrong with it on my voice mail and he goes on and says that he was driving it back home and a ROD went thru the block!!!! Has any one had this happen to them??? All my buddies will stand by me that it was a great motor less than 500 miles on it. It would have been different if i put it on a semi and he never heard it run but he was the as i pulled it up on his trailer!! Thanks guys !!!! Ps sorry if I spelled some words wrong!!
  2. el shad
    Joined: Apr 16, 2008
    Posts: 622

    el shad

    Tell him to get bent. If he want's a warranty to cover his d-baggery and and shitty driving to go get a new Hyundai.

    AS IS!

    I wonder what Pork-N-Beener would say??????? Huuummmmm.....
  3. I wouldn't worry one way or another. You got paid, and unless there was something wrong that you aren't telling us about, your conciense should be clean, so just explain to him that he obviously heard it run fine when he got and it had to be something he did. It was sold as is, so he's on his own. Caveat Emptor it is called.

    Oh, and if you know you have a spelling problem, just use the little spell check feature :D
  4. 40StudeDude
    Joined: Sep 19, 2002
    Posts: 9,476


    IF it stated "AS IS" on the bill of sale, he has no recourse...point that out to him.

    It'd be nice to have separate paragraphs too, in addition to using the spell chek...


  5. brad chevy
    Joined: Nov 22, 2009
    Posts: 2,627

    brad chevy

    First thing close the account you used for the transaction. Tell the asswipe where to go and move on. As is means just that. If he looked at it,heard it run ,took ownership of it. It belongs to him. You are not responcible for it at all.
  6. chronisterracing
    Joined: Feb 27, 2010
    Posts: 139

    from N.Il.

    I wouldn't worry you got him signing something that says as is. Hell, I've blown up racing motors in the first few laps, it happens.
  7. el Scotto
    Joined: Mar 3, 2004
    Posts: 4,496

    el Scotto
    from Tracy, CA

    Holy carriage return, Batman!!
  8. M_S
    Joined: Feb 20, 2008
    Posts: 542

    from SoCal

    Even if it does not state "as is", it is an as is sale. All sales of used goods are unless a warranty is expressed.
  9. 40StudeDude
    Joined: Sep 19, 2002
    Posts: 9,476


    Then IF it did state "AS IS", that just reinforces the seller's position and the buyer has no recourse, as I stated...right...???

  10. propwash
    Joined: Jul 25, 2005
    Posts: 3,858

    from Las Vegas

    Move that money into any other account and tell him to go pack sand. He's lucky you didn't charge him for aggravation. Where is/As other discussion necessary. Have your friends/witnesses just make a short note about what happened during the face-to-face. Keep those notes, and if he's simple-minded enough to attempt to coerce you into any admission of culpability, you'll have those statements (along with your own) to refute any claims he may make.

    Don't spend one more minute agonizing over this. He's just a flake and he's fortunate you were patient. I would NOT have been.

  11. Goztrider
    Joined: Feb 17, 2007
    Posts: 3,066

    from Tulsa, OK

    LOL... I typically give a 5/5 warranty on just about everything. Five minutes or five feet, whichever comes first. Or even a 10/10 warranty - same difference.

    However, this dude is toast. Sounds like he was driving it and showing his ass and tanked the motor. He probably over revved it and now is whining to you about the aftermath. Tell him to take a flying leap at a rolling doughnut.
  12. M_S
    Joined: Feb 20, 2008
    Posts: 542

    from SoCal

    It just reiterates what is already inherent in the law. There is no need to state it, it does not reinforce the position, but it does not hurt anything to have it there.

    It doesn't matter what you sell (used), unless you specifically warranty an item there is none (unless you knowingly misrepresent the item).

    ...and "puffery" does not constitute a warranty.

    It all boils down to what Don said, caveat emptor.
  13. 19vegas56
    Joined: Apr 4, 2004
    Posts: 30


    Even though you've done everything aboveboard you're going feel bad about it. As has been said, even a new engine can blow if abused enough.
    Many years ago I sold a '66 goat to another kid. He beat on it a bit on the test drive & loved it. About 2 weeks later I got a call that he threw a rod & wanted me to pay 1/2 for an engine. I felt badly for him & even offered to help him fix it, but all he wanted was the cash.
    I don't even know for sure if the engine blew or if he was trying to scam me. You don't know that for sure either. Anyway, don't let it get you down. The buyer sounds like a flake & you've already gone above & beyond w/ him.
  14. HOT40ROD
    Joined: Jun 16, 2006
    Posts: 961

    from Easton, Pa

    Strong running engine and he said he can not wait to get it home a woop all his buddies. I can tell you what happen. Even the best built motor with fly apart at high RPMS if it not under load.

    As is. His problem and yes close that account.
  15. Jalopy Joker
    Joined: Sep 3, 2006
    Posts: 28,559

    Jalopy Joker

    Wow, the world is full of strange people-you did him right and he is on his own now. years back I had a low mileage 1970 Pontiac GTO automatic with all of the performance stuff offered for that year-powerful! go to a local store with For Sale signs in it and a couple of Mexican guys are interested in it-long story short one guy buys it and very late into the Nite I get a call from his panicked wife asking in broken English if there still was insurance coverage on car. I say no, first thing I do after selling a ride is cancel insurance. turned out that the guy drove it into a block wall trying to take a turn too fast while driving it home and totaled it out!!
  16. gas pumper
    Joined: Aug 13, 2007
    Posts: 2,957

    gas pumper

    What everybody else said on your responsibility, there is none.

    Spelling ain't that bad, but I was educated in new jersey so I have low standards and can read your version of English just fine:D

    Paragraphs would be nice:p...Even if they are random hits of the enter button, like I do.:D
  17. burnin53
    Joined: Mar 22, 2009
    Posts: 596

    from cuba,n.y.

    I give people the tail light warranty.
    When I can't see the tail lights anymore,your warranty's expired.

    Stuff breaks all the time,nobody gets to choose when it happens.
  18. 40StudeDude
    Joined: Sep 19, 2002
    Posts: 9,476


    Thank you.

    The problem with 'caveat emptor' (let the buyer beware) is there are plenty of idiots out there that ain't got a clue what that means..."AS IS" on the bill of sale points that out in plain English...and I'll usually add "where is" on the bill of sale, too. That way, if the buyer drives it off, then there is absolutely no recourse on their part. Over and done with, you bought it, you own it now and I'm done with it.

  19. 40FORDPU
    Joined: Mar 15, 2009
    Posts: 3,330

    from Yelm, Wa
    1. Northwest HAMBers

    You have been very patient in this marathon transaction..sleep with a clear conscience. The buyer disclosed his character throughout the ordeal, and upon pickup..done deal. You owe him nothing.
  20. Toner283
    Joined: Feb 13, 2008
    Posts: 1,327


    I read this as the drive home went fine but he was screwing around in the couple of days after returning home & over revved the SOB & blew it sky high. If he put a rod through the block on the ride home why did he call & tell you he was home & loved the truck??? Did he go to drive it on monday & realize "oh my, there seems to be a connecting rod sticking out of the side of my engine block"??:rolleyes: I don't think so.

    I have had a few engines blow up and seen many explode in the time I have been playing with cars & with a catastrophic failure like throwing a rod, there is no driving the rest of the way home. there is coasting to a stop & calling a tow truck. This guy is so full of shit I bet his eyes are brown.

    The best advice has already been given. As is, where is means don't call me crying about a problem 3 days later. Close the account just in case he tries to get his money back & then tell him to step off, just because he is a dummy is no fault of yours.

    On a side note, got any pics of the truck??
  21. Sheep Dip
    Joined: Dec 29, 2010
    Posts: 1,572

    Sheep Dip
    from Central Ca

    Tuff Shit! it's his now, you sure as hell didn't throw the rod thru the block 3 days later, don't answer his calls.:)
  22. Sheep Dip
    Joined: Dec 29, 2010
    Posts: 1,572

    Sheep Dip
    from Central Ca

    Tuff Shit! it's his now, you sure as hell didn't throw the rod thru the block 3 days later, don't answer his calls.:) If you used a bank to bank transfer it is non reversible and there would be no reason to close your account.
  23. Guy thanks for the info!! This means alot!! There is nothing I have left out or im streching the truth about. Ive never been in a pickle like this before. Im a straight up guy. And I have to answer for all the wrong I have ever done when I meet my maker!!
    I called my friend and hes writing me out a paper on what happened that night when he picked up the truck while it still fresh on his mind. Thanks guys!! God Bless!!
  24. davidbistolas
    Joined: May 21, 2010
    Posts: 962


    Wow BDK, you've a lot more patience than I have. \ I would have dropped the sale after all that initial bs, and I would have done a "Cash in hand" transaction, and I would not have released the car if he had been drinking. But that's me.

    So- get your statements in order, if only to ease your own mind- and don't worry about the rest. :)
  25. Hdonlybob
    Joined: Feb 1, 2005
    Posts: 4,013


    The only thing you need to feel bad about is the fact that some DUMB ASS blew up your perfectly good (when it left your hands) motor...
    That guy is a real Lick Knob........
  26. TheTrailerGuy
    Joined: Jun 18, 2011
    Posts: 392


    a deal is a deal and some a holes forget that... but, even when it hurt, i stuck to it. he can too. Like the man said, remove the money from the account, be VERY pointed with him about the fact that it was running when he left and tell him that if he can't get past that, then he can... and you can quote me on this... 'do whatever he thinks is right' on his part, but you are going to do the same on your part... then hang up and ignore him.
  27. Guy heres another up date on whats going on!! I get a call from him late last night
    and tells me what happened: I had a few of my buddies over and they were checking it out the truck. "AND"
    I was revving the motor for them and when the motor went back down to an idle were heared a bang and the motor shut off. I said wait a min you told me on my voice mail that you were coming home and a rod went thru the block. I replyed that he was home from taking it to town and his buddies showed up and he was showing them the truck. So I said what do you want me to do the truck has been going sence 3:00 Thursday morning I said thats 4 1/2 days and you can do a lot to a ride in that amount of time. Then he gets all shitty like and says If you were any man at all you would pay for 1/2 the parts to put it back together. I then replyed that I would be talking to my lawyer on this.
    His reply was that Im not much of a man and you know what you lawyer is going to say "NOT TO PAY DIME BECAUSE YOU SOLD IT TO ME AS IS NO RETURNS OR REFUNDS."
    And I said yes sir you cant buy anything high performance with a warrantee. And I sold it to you AS IS NO RETURNS OR NO REFUNDS OF ANY!!! Then he was very pissed and said that Im not a man. So this morning at 12:01 my phones goes off and its him
    he sent pictures of a motor with a broken Rod!!
    I called and talked to the lawyer this morning and I have a apointment this Thursday
    he said every thing sounds good for me but he wanted to see the paper work and statements for my whitness. Thanks to all you hamber for your help.
    I was sleeping great intill the phone rang at 12:01 !!
  28. shinysideup
    Joined: Sep 1, 2008
    Posts: 1,627

    from ruskin, fl

    He's the one who isnt manning up. You dont need a lawyer.
  29. I wouldn't spend a dime to a lawyer, he fuck up the motor trying to be Mr. Big showing off to his friends, every one knows you don't go revving a new motor like that, tell him to pound sand where the sun don't shine and be done with it, change your number if you have to. He sounds like an idiot.
    My .02 worth ;)
  30. Bad Eye Bill
    Joined: Sep 1, 2010
    Posts: 841

    Bad Eye Bill
    from NB Canada

    Nothin' leaves my yard 'till it is paid for and transferred into the new owners name, on the bill of sale it says, As is, where is, how it is, there it is, no warranty implied or given.

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