Can you take your importer to court?

[emanaaron]

I talk to the guy and sent him the documents and he was getting mad cause i put this post on here

[JD74]

What did he end up saying to you after you told him about the 'proof' that the car was misrepresented ?

[emanaaron]

that he wanted to see the stuff so i sent him it and also more lyes came up like that the comp# flunctuate up and down all the time. and also how they got it they told me it was bought from the owner before i bought it and now they said it was bought from an auction

[JD74]

that he wanted to see the stuff so i sent him it

COPIES...right ? NOT the actuall documents.................right ?

[emanaaron]

nojust copies. I sent them in a email.

COPIES...right ? NOT the actuall documents.................right ?

[Shadao]

the as is law/rule is not applicable in this case, IMO, because he wasnt sold a car with 16000kms as is, he was fraudelently sold a car with over 100,000kms represented as a 16000km vehicle...

no warranty or not...

also

you should check out if he is a registered importer, and has his business license... he could be facing some serious fines if hes a curber

[emanaaron]

He does have a buisiness license it was on the wall in his shop

the as is law/rule is not applicable in this case, IMO, because he wasnt sold a car with 16000kms as is, he was fraudelently sold a car with over 100,000kms represented as a 16000km vehicle...

no warranty or not...

also

you should check out if he is a registered importer, and has his business license... he could be facing some serious fines if hes a curber

[Envision]

Whether or not the sell writes “as-is” on the bill of sale is actually irrelevant.

Directly from the AMVIC website:

“The term “as-is” is often inserted into a bill of sale to protect an automotive business selling a used vehicle against claims made respecting the condition of the vehicle. A person buying a vehicle in an “as-is” condition is led to believe they are waiving any claims they may have in the event the vehicle being purchased is defective. The use of such a provision does not relieve an automotive business from its obligations to consumers under the Fair Trading Act. An automotive business must at all times take care to ensure that it does not commit an unfair practice in the course of selling a used vehicle, whether in an “as-is” condition or not.”

The case to be made was whether or not the seller knows or ought to know of the potential “Unfair Sales Practice” including but not limited to the following:
“An automotive business sells a vehicle, which it knows, or ought to know has had its odometer altered.”
“An automotive business seriously misrepresents the condition of the vehicle during the course of selling the vehicle.

www . amvic.org/buying_as_is.htm

Generally speaking the seller is held liable in most circumstances and it is their responsibility to inform the buyer. In this case, if the car was sold as “true mileage unknown” would have been the proper thing to do.

If the car is sold on the export sheet as having x mileage and was imported under the assumption that it has x mileage then it would have been a different story. With export sheets specifically showing true mileage with VIN of said vehicle on these sheets found in the vehicle there is an obvious misrepresentation. As-is or not, the seller is 100% liable and responsible.

[Turismo]

^
nice work!

OP, print that out and slap it in their face. Seems to me now is the time to seek legal action.

[emanaaron]

Thanks this is great information the sheets with the mileage were service sheets throughoutr the life of it ranging from 30k to 130k km

Whether or not the sell writes “as-is” on the bill of sale is actually irrelevant.

Directly from the AMVIC website:

“The term “as-is” is often inserted into a bill of sale to protect an automotive business selling a used vehicle against claims made respecting the condition of the vehicle. A person buying a vehicle in an “as-is” condition is led to believe they are waiving any claims they may have in the event the vehicle being purchased is defective. The use of such a provision does not relieve an automotive business from its obligations to consumers under the Fair Trading Act. An automotive business must at all times take care to ensure that it does not commit an unfair practice in the course of selling a used vehicle, whether in an “as-is” condition or not.”

The case to be made was whether or not the seller knows or ought to know of the potential “Unfair Sales Practice” including but not limited to the following:
“An automotive business sells a vehicle, which it knows, or ought to know has had its odometer altered.”
“An automotive business seriously misrepresents the condition of the vehicle during the course of selling the vehicle.

www . amvic.org/buying_as_is.htm

Generally speaking the seller is held liable in most circumstances and it is their responsibility to inform the buyer. In this case, if the car was sold as “true mileage unknown” would have been the proper thing to do.

If the car is sold on the export sheet as having x mileage and was imported under the assumption that it has x mileage then it would have been a different story. With export sheets specifically showing true mileage with VIN of said vehicle on these sheets found in the vehicle there is an obvious misrepresentation. As-is or not, the seller is 100% liable and responsible.

[kdwebber]

for anyone who wants to see pics of the odometer (which gtrcanada has locked out) can go to beyond to see the pics...

http://forums.beyond.ca/st/243180/derailed-1991-nissan-skyline-gtr/

[king_cobra]

i like how the scan of the auction sheet is so light that you can't read anything. specifically, the interior and exterior grade. futhermore, it shows NO blemishes on the car. not even a scratch. IMPOSSIBLE. Every auction sheet has blemishes on it. Even showroom cars have more blemishes than that. Even more impossible for $13k. 100% BS IMO.

The only scenario that I can think of is if the car had an R grade (salvage title). Then IF it was repainted perfectly, perhaps there could be no blemishes. But even then, you're getting scammed w/o being told its an R grade! And still no explaination for the mileage fiasco. shady deal regardless.

[JD74]

Looks like JDM Tuners is covered......

The Auction sheet was what they based their sale info on, so they are not to blame.

I think that the 'Authorities' will write this off as 'Importer Beware' and put it up as a strike in general against the entire Importing culture as a whole.

I can almost say, you are lucky this was NOT in teh United States...lol....otherwise, Homeland Security might have forced you to export the car because of Fraud and YOU would have been left holding the bag at the end of the day...lol

Sorry to hear about the latest info.......still a decent 'looking' car though.

Allan

[JD74]

for anyone who wants to see pics of the odometer (which gtrcanada has locked out) can go to beyond to see the pics...

http://forums.beyond.ca/st/243180/de...n-skyline-gtr/

I PDF'd the page a couple days ago just incase JDM Tuners tried to change it.....before all the 'info was in'....

Here it is for the original Buyer if he wants:

http://mybnr32.com/downloads/emanaaron_car.pdf

[JD74]

I am also starting to think more along the lines of:

The 'Fresh' motor was swapped out of the car BEFORE it left Japan...as judging by the pics, everything looks WAY too clean on the top end otherwise.

Perhaps it was NOt a case of OD being rolled back......and this car really IS as fresh as they say......just not the motor/trans.

I would LOVe to see what it looks like underneath and under the carpets....as that stuff never lies for the most part.

Again...sorry about the outcome.
Allan