54 Hornet Special Brougham for sale

A friend has been following this thread and asked me if I would review the situation and comment which, in hope of clarification, I am pleased to do.



I have read the comments and posts and conclude from the information that this seems to be basically a contract case. Unless local statute provides for a criminal offense for the sale of a vehicle with a defective structure, likely under the motor vehicle statutes or vendor and seller statutes, there is no criminal liability and this is purely a civil matter.



Suit must be brought in the venue where the contract was entered into, or where the defendant resides or can be found, unless the defendant has personally availed himself to the buyer's venue. This is why filing a suit in Tokyo is not necessary when purchasing a Japanese product in the US or suing GM in Detroit if you bought a Chevrolet in Las Vegas. As another example, in a criminal contex, a person living in California and cited for shoplifting in Vermont could not contest the charge in California but would have to appear in the proper Vermont court to contest it.



Each state has their own court system and some states do not have a "small claims court" per se where the litigants argue their case without legal assistance. Even those states with a small claims court have diferent jurisdictional limits as to damages. It is my understanding that some states have jurisdictional limits of over $10,000.00 in their lower courts.



As to the theory of recovery under contract; this would appear to be a misrepresentation and/or fraud situation. Basically the elements of this theory are (1) a representation made by the seller that (2) he knows to be false (3) as an inducement to sell and (4) a reliance on the false statement by the buyer, (5) resulting in damages. The remedies are a recission of the contract, or an award of damages. Unless the contract is in writing and has a provision for attorney's fees to be awarded in an action to enforce the contract, no attorney's fees will be awarded. It has been my experience that most all contracts for the sale of automobiles between indviduals are oral.



The plaintiff (the buyer in this case) has the burden of proof as to proving fraud and this can be rather difficult to prove in these cases. The truck driver would probably be the best witness for carrying the burden as he appears to be a disinterested party, but the driver would have to testify in person with the defendant being given the opportunity for cross examination, as an afffidavit could be considered as written heresay in this situation and therefore be excluded as evidence.



Now, all this being said, there may be a state statute addressing placing an "inheritantly dangerous product" into commerce. Whether there exists such statute and, if such statute does exist, if it is applicable to an individual private seller is for an attorney to research. If the statute does exist it may provide punitive damages which may be substantial, for example treble damages, attorney's fees and all expenses of bringing the lawsuit.



Lastly, it is not my intent to give any specific legal advise in my general comments as each venue has different statutes, codes and laws, but after this situation was brought to my attention I felt as though that my comments may be helpful and I am hopeful that they will be taken in that context. Thank you.

I say kick him out of the club, unless he wants to make it right.



It's easy to say Caveat Emptor in this situation, unless you're the affected party.....



I kind of wonder when this thread will get closed?

Sounds sort of like the person who contacted me (a newbie) that wanted to sell a part for more than he has it advertised for in the WTN. Nice intro to the group!