False Advertising / Fraud Question

[Jon_Chap]

What is the name of your state (only U.S. law)? Michigan

Non-detailed version of the story: I found a car engine and transmission for sale online and the seller claims it is a '99 model year. I saved the ad and claims. I bought it and as soon as my friend looked at said it's a '95 which is incompatible and basically worthless. The guy I bought it from is very experienced with these motors and knew what it was (and I can prove it through posts he has made online). I called him right back an hour later to tell him what he sold me and he said "Too bad all sales final." I even offered to drive it back to him (100 miles) and take $20 less than what I paid. He won't call me back.

My question is under what pretext can I take this matter to small claims? I am an idiot and paid cash without a receipt. Can I do anything about this? Thanks for any help.

 

[BL]

If the Ad wasn't as described and you can not use it for your intended purpose ,sue in small claims court for your damages .

 

[Jon_Chap]

Yeah I mean in small claims do I have a case at all? Were do I start? If I tell the entire story that this guy sold me an engine that wasn't even close to what he claimed it was, what do I do in small claims? Do I just tell the magistrate my story and hope he will apply the law accordingly? What laws do I research to show there was an unfair transaction that took place? Is this caveat emptor or was this illegal. He knew what it was, I did not, and I got taken. Does this sound like a viable argument? I already am losing money on the deal, I don't want to lose more in court. Any pointers or assistance much appreciated.

 

[BL]

Yeah I mean in small claims do I have a case at all? Were do I start? If I tell the entire story that this guy sold me an engine that wasn't even close to what he claimed it was, what do I do in small claims? Do I just tell the magistrate my story and hope he will apply the law accordingly? What laws do I research to show there was an unfair transaction that took place? Is this caveat emptor or was this illegal. He knew what it was, I did not, and I got taken. Does this sound like a viable argument? I already am losing money on the deal, I don't want to lose more in court. Any pointers or assistance much appreciated.

http://courts.michigan.gov/scao/selfhelp/smallclaims/sc_help.htm#start[/U]]Small Claims Self Help

 

[Jon_Chap]

I've actually read that whole page already and many links in it. If anything it tells me my case is NOT permissible in small claims.

According to Michigan Compiled Law Chapter 600 Act 236 of 1961 Section 600.8424 Part "(1) Actions of fraud and actions of libel, slander, assault, battery, or other intentional torts shall not be instituted in the small claims division."

So I will ask again. Please somebody PLEASE tell me if I have a case here. Do I have to sell this engine again and sue for the loss as a damage or can I simply sue for my money back and return the crappy motor? This is what I would like. I am not looking to scab off all you lawyers out there, I really want to know if I have a legitimate argument and how to present this. Thanks!

 

[BL]

This is a misrepresentation issue .You did not get what you paid for.

 

[Jon_Chap]

THANK YOU SO MUCH!!! Seriously. I knew there had to be a term I didn't know about that explains what happened. MISREPRESENTATION. I don't know if he could claim innocent misrepresentation because he acted like he knew alot about this stuff but either way I can awarded loses. Again, thank you very much.

 

[Jon_Chap]

Update with a question. I finally got hold of the guy after a couple months (I called him twice). I had to call his work (once) to get in touch with him and he now says without a receipt I can't prove anything (although I have his original ad) and he says I am harassing him and he is "going to bring his full guns" and get a lawyer. I am a nice guy and really didn't want to get into all this. Am I in trouble for calling him and was this really harassment? He said he called the police to notify them of harassment. He also said he is going to take out a counter lawsuit against me for lost wages when I lose. I wanted to settle this out of court but the guy just flipped out. How carefully should I tread on this or should I just drop it? $550 isn't pocket change but it's not worth losing my rear if this goes all wrong. Any advice is highly highly ridiculously appreciated.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Michigan

Non-detailed version of the story: I found a car engine and transmission for sale online and the seller claims it is a '99 model year. I saved the ad and claims. I bought it and as soon as my friend looked at said it's a '95 which is incompatible and basically worthless. The guy I bought it from is very experienced with these motors and knew what it was (and I can prove it through posts he has made online). I called him right back an hour later to tell him what he sold me and he said "Too bad all sales final." I even offered to drive it back to him (100 miles) and take $20 less than what I paid. He won't call me back.

My question is under what pretext can I take this matter to small claims? I am an idiot and paid cash without a receipt. Can I do anything about this? Thanks for any help.

**A: approach the small claims action as a breach of contract.

 

[BL]

Update with a question. I finally got hold of the guy after a couple months (I called him twice). I had to call his work (once) to get in touch with him and he now says without a receipt I can't prove anything (although I have his original ad) and he says I am harassing him and he is "going to bring his full guns" and get a lawyer. I am a nice guy and really didn't want to get into all this. Am I in trouble for calling him and was this really harassment? He said he called the police to notify them of harassment. He also said he is going to take out a counter lawsuit against me for lost wages when I lose. I wanted to settle this out of court but the guy just flipped out. How carefully should I tread on this or should I just drop it? $550 isn't pocket change but it's not worth losing my rear if this goes all wrong. Any advice is highly highly ridiculously appreciated.

You'll have to prove through a mechanic what you did get .

You do not have proof of payment or that he did in fact sell/give you a different engine/transmission ?

 

[Jon_Chap]

I paid $550 in cash. I do not have a receipt for either the transaction payment. I do still have the engine and transmission so I can get it looked at by a mechanic and verified that it is not what I paid for.

 

[BL]

I paid $550 in cash. I do not have a receipt for either the transaction payment. I do still have the engine and transmission so I can get it looked at by a mechanic and verified that it is not what I paid for.

And what he's saying is that you can not prove you purchsed anything from him .

 

[Jon_Chap]

I guess he could say he never sold it to me. Is that a viable defense, even if it is perjury? What I gather he is saying I can't prove anything and that since he didn't know what it was I just as stupid as he was and that's not illegal. But he told me it was from a '98 regal and it wasn't. I still think this is misrepresentation. And am I in trouble for harassment? I really can't afford to lose more on this.

 

[BL]

I guess he could say he never sold it to me. Is that a viable defense, even if it is perjury? What I gather he is saying I can't prove anything and that since he didn't know what it was I just as stupid as he was and that's not illegal. But he told me it was from a '98 regal and it wasn't. I still think this is misrepresentation. And am I in trouble for harassment? I really can't afford to lose more on this.

You as a plaintiff have to show the court proofs , of why you believe the defendant owes you money out of their pocket .

Parties lie all the time in these types of courts and perjury isn't even considered.

Either file a claim and quit contacting this person ,or don't .

 

[swalsh4II]

Unless you called him a lot more frequently then you have disclosed, or were threatening over the phone, he wouldn't have a harassment case. At this point though he has told you not to contact him so I wouldn't except for having him served if you decide to sue. He was just saying that to dissuade you from moving forward.