can i sue or file civil suit?...
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OMNES AD UNUM
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can i sue or file civil suit?...
its a long story but bare with me
i met up with someone who was selling used hayame coilovers. seller claimed the front-right was damaged and the other 3 were fine. he also said the front-right is rideable, but wouldnt recommend it. so we meet up and i take a look at them. i didnt know much about hayame coilovers at this time. i see 4 coilovers with basically everything on it (spring/shock/bumpstop/etc everything). the front right was damaged so i knew that wouldnt work. then the rears didnt have uppermounts. seller said they will work with the stock OEM rear uppermounts... so i thought maybe hayame coilovers were like that (since tein does it). so i cash him out $200 and he offers to install it. days after, we install it at this event called "tech-day" that was posted on 7thgencivic.com. we met up their and when he installed it, my ride was vibrating all over and everything was horrible.. definately not compatiable with OEM mounts. AND yes they were correctly installed. i also noticed a crack around the tie-rod connector on the front-left coilover, but he never mentioned that when selling the coilovers. so i tell him they dont work after the install, he just said tighten this bolt, that nut, check if this or that is tighten, etc ... but still no luck. it was at night so i had to go home and drop off few ppls.. next day or 2, i PM him on this site and ask for a portion refund ($150) and give him back his coilovers. he refused and i said ok, then give me the hayame rear uppermounts that were orginally on these coilovers. he said ok, so i waited... no response from him ever since 4-5 months. i left many messages on his phone, PMs, and even tried to IM him on AIM but he blocked my sn. he never replied to my PM (i know because it says he logged in at this time, etc) but didnt manage to respond to my PM. so after 5 months, he finally PMs me and tells me "you checked them out, you say them, you bought them... its all on you.." after 5 months, now he tells me this??
now i want to know if i can file a civil suit or sue this seller for false advertising his items since he said they will work with my rear OEM uppermounts when they obviously dont. my proof is that he installed them himself using my rear OEM uppermounts and resulted with many problems.
i met up with someone who was selling used hayame coilovers. seller claimed the front-right was damaged and the other 3 were fine. he also said the front-right is rideable, but wouldnt recommend it. so we meet up and i take a look at them. i didnt know much about hayame coilovers at this time. i see 4 coilovers with basically everything on it (spring/shock/bumpstop/etc everything). the front right was damaged so i knew that wouldnt work. then the rears didnt have uppermounts. seller said they will work with the stock OEM rear uppermounts... so i thought maybe hayame coilovers were like that (since tein does it). so i cash him out $200 and he offers to install it. days after, we install it at this event called "tech-day" that was posted on 7thgencivic.com. we met up their and when he installed it, my ride was vibrating all over and everything was horrible.. definately not compatiable with OEM mounts. AND yes they were correctly installed. i also noticed a crack around the tie-rod connector on the front-left coilover, but he never mentioned that when selling the coilovers. so i tell him they dont work after the install, he just said tighten this bolt, that nut, check if this or that is tighten, etc ... but still no luck. it was at night so i had to go home and drop off few ppls.. next day or 2, i PM him on this site and ask for a portion refund ($150) and give him back his coilovers. he refused and i said ok, then give me the hayame rear uppermounts that were orginally on these coilovers. he said ok, so i waited... no response from him ever since 4-5 months. i left many messages on his phone, PMs, and even tried to IM him on AIM but he blocked my sn. he never replied to my PM (i know because it says he logged in at this time, etc) but didnt manage to respond to my PM. so after 5 months, he finally PMs me and tells me "you checked them out, you say them, you bought them... its all on you.." after 5 months, now he tells me this??
now i want to know if i can file a civil suit or sue this seller for false advertising his items since he said they will work with my rear OEM uppermounts when they obviously dont. my proof is that he installed them himself using my rear OEM uppermounts and resulted with many problems.
Last edited by jttegx; Nov 9, 2004 at 09:00 PM.
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What do you want to file a suit for? I mean, you need some sort of a claim.
You bought used merchandise, its kind of a buyer beware thing... its not going to come with any sort of implied or express warranty. You did look at them, and inspected them and by purchasing them, you accepted the offer. You're using an altered device (OEM mounts where there should be Hayame ones), partially damaged goods and trying to argue that they don't work? I don't think anyone is going to uphold the argument. You really don't have anything to argue. Honestly you should have put them in and tested them before you handed over any money.
You bought used merchandise, its kind of a buyer beware thing... its not going to come with any sort of implied or express warranty. You did look at them, and inspected them and by purchasing them, you accepted the offer. You're using an altered device (OEM mounts where there should be Hayame ones), partially damaged goods and trying to argue that they don't work? I don't think anyone is going to uphold the argument. You really don't have anything to argue. Honestly you should have put them in and tested them before you handed over any money.
Registered!!
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u can file a claim and go to court and if you have documentation that he installed them or sold them to you, you might get something from it but not much... you would be spending more money on a lawyer and court costs then you would prolly get outta the settlement espically with it being a $200.00 product. i would just get new springs
Injen
Injen
Warranty is the continued operation of a product. Defective is a product not working from day one.
It comes down to this. Sometimes people know that an item has some problem. They sell them and the other person is now responsible? No, it is called disclosure. And the items did not work from day one. And then the seller ignored the buyer until enough time was passed so that he could say that they wore out. But they did not wear out.
If someone sold you something that the seller knew was defective, would you be pissed?
It comes down to this. Sometimes people know that an item has some problem. They sell them and the other person is now responsible? No, it is called disclosure. And the items did not work from day one. And then the seller ignored the buyer until enough time was passed so that he could say that they wore out. But they did not wear out.
If someone sold you something that the seller knew was defective, would you be pissed?
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