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Discussion summary
YOUR RESEARCHMy 1st 911. Getting it worked out.
Leading reported evidence
Check from public and private sources
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� 4 billion vehicle history events checked from public and private sources
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smells like a title fresh back from being cleaned, my favorite!
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in normal case, buying from generic used car dealer (like global) is the worst idea.
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No offense to anyone, but there's a reason why lawyers and used car dealers have the reputation they have.
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Suggestion
So with the deceptive trade practice laws squarely on your side, the end result is Momentum replacing your flooded car with a comparable one, one that you're willing to accept even at a higher price?
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Glad you're getting it worked out, at least it seems at this point.
They are totally willing to work with me, it seems. They will, at least give me all my money back. I am working with them to get them to give me a deal as good, or as close to the deal I got, BEFORE i found out my car is flood. Global is great, and I believe they never knew about it. On the other-hand, Momentum HAD to know, as they had all the records.
Nonetheless, it doesnt matter anymore, they have taken responisbilty and are willing to work it out.
As you may remember, i payed 49k to start with and got a perfect 2002 C4s. I have asked Dean at Global to try to get me the same car, more or less. No more than 32k miles with similar options or more. He said, why don't I try to get you into a Turbo. Hmmm, i say... How much, I ask? He thinks he can get me into a cherry 2001 w/low miles for 65k. WHat do you guys think?
Glad you're getting it worked out, at least it seems at this point. Keep us posted on your progress. One correction, though, you meant
Advantage
and not
Momentum
, right?
Turbo sounds like the way to go, but I would try to get a bigger discount from them -- no less than $10K off fair market value -- given what they put you through. I'm still not buying that they didn't know about the flood history (way too convenient and easy of an excuse). The TMV looks to be about $70K for an '01 TT in the Houston area, so I'd work them for $60K.
Good luck!
haha..just make sure this time you are not getting another submarine Porsche, they don't make a good boat..lol
Anyway, before i bought my C4S, i seriously considered an 01-02 TT and 03-04 C4S, i bought the C4S because it is younger,has a lower mileage and still has warranty,made me feel safer. Aftermarket warranty for the TT is from $3500 to $5000, if i'm not mistaken. If you really want a TT, then get one, but if you are like me, this being your first P-car, i think the C4S is more than enough (for the time being)
.
There are lots of C4S and TT's out there, so i think you should be patient and search for the right car you want, don't just accept any car they give you.
Good luck.
if i was in your shoes I would just get my money back and start from scratch. I would consider buying another car from global IF they had the car i wanted.
I am so glad this story has a happy ending. It really sounds like your initial praise of global was deserved, they really stepped up to the plate and fixed this mistake.
I am soooooooooo with Tom on this one. Get a FULL refund of everything expended so this whole ordeal didn't cost you a penny and then start from scratch. If you honestly believe that they did NOT know about the flood damage then my advice to you would to see a psychiatrist immediately since you suffer from some form of serious mental illness. It's the equivalent of taking back the girl who cheated on you. Not me. I would be done with it and they should be glad they all we NOT sued. As well, regardless you need to notify the city/state's AG as well as the BBB b/c they are just going to pass this car off on another guy.
I agree with getting the money back first. $65K for a 2001 turbo isn't that much of a steal either so I'd prob. just pass until you find one you truly wanted...not to mention it's $16K higher than the car you were looking for.
I too would get all of my money back and start over from scratch taking this experience with me down the road. You now know the process of the car being certified or not, and know if someone is BS'ing you. YOu know to do a complete PPI from someone trust before ever signing the papers and driving off. You know not to take any car salesman at his word. Think back to Reagan and go with "trust but verify". trust them the car is nice, but verify it is as good as they say with a PPI performed by someone you find not someone they recommend. If all else fails ASK US HERE BEFORE BUYING! We'll be glad to help. If you ever find another car in Houston I will be happy to go check it out for you before you fly down here. I have done this for a couple of people on this board. There are others out there in other locations who are happy to do the same.
there's other thread asking about buying from dealer v.s. private, i don't have time to go into details. but i will try:
in normal case, buying from generic used car dealer (like global) is the worst idea. i would try my best to avoid dealing with them. tons of 996 out there, u can be picky.
if u want to get a mint one, go with p-car dealer, private seller, or other lux/sport car dealer(such as BMW/MB).
if you want to get a good price. work with someone locally(those one guy dealer), get one from auction directly.
good luck!
I tend to agree. Why reward them for deception by buying a more expensive car.... they'll laugh all the way to the bank... they scammed you (but, okay, I'll give them benefit of the doubt that they didn't knwo - even though they probably did). I'd get my money back and look elsewhere. I don't reward people who break my trust. I love the cheating girlfriend analogy - it's perfect!
In another thread someone said that the Houston area was awash with 996s, I'm sure that's the case in a lot of places. There's always another car and another dealer. The only reason to stay with them is if they give you a significant discount on another car and prove that there's nothing wrong with it (full records would be nice).
Be more aggressive, it's an insult to be offered another car at a higher price than the one that they just scammed you on... typical trade up bait and switch. Argh! it makes me mad that you would even consider it!
Lets assume for one moment that they did not know. What does that say about what they know about cars? If they could not tell the car had been flooded then they are either the most ignorant dumbass bunch of car people on Earth, or they knew and lied to rip you off and are now trying to get you to buy a more expensive car. Would you really have any faith in these people to find you a great car? How would they know it is great when they didn't know the last one is flooded? How would ever trust them? They are only offering good faith because you have them dead to rights in a lawsuit. Do not fall for this. Start over man.
Also, I like the suggestion of reporting the car to as many people as possible - make sure that they don't turn around and resell the car and scam someone else.
No, I am letting Dean(Global) try to work out a deal with the dealer(Momentum) who scroo'd me in the 1st place. I am hoping Dean puts the screws down and Im hoping Momentum fixes this problem. In the meanwhile, I have been told to drive my car like I stole it!
Absolutely do NOT do that! You should not even be in posession of the car anymore. Do NOT give them a reason to say "well you trashed the motor so you bought it!"
Boy, they are pulling ever trick on the book on you and you're falling for it. It's almost painful to watch.
- Document the state of the car
- deliver the car back to them - make sure you get a receipt.
- Make sure you have written agreement of what the steps are between now and the money being in your hand.
- keep copies of all documentation that you have on the car.
- Do not trust ANYthing that they say to you until it happens - they're playing you.
Hold on, hold on. You bought the car from Global. You negotiate with Global. Momentum didn't screw you. Your deal was with Global.
Global are attempting to pass the buck and shirk responsibility. Forget that. Lay down the law with Global. They have to fix it. You hold them responsible and they are the ones to fix the situation.
Allowing them to pass the buck to Momentum allows them to throw up their arms and say 'it's their fault not ours" To hell with that. Global sold you the car.
You are way too trusting, or a little too nieve. When large sums of money and reputations are on the line, trust no one.
Buy a nagging little voice for the back of your head, you need one to protect you.
Ok ok, maybe i stretched that last part. He dind't exactly say that. All he said was, he is going to work with them to get me a new car. They have already agree'd to take this one back. Feel free to drive it in the mean-time.
If they DID try to do that, I will hit them hard with a law-suit. I am not in a position to send the car back and not have a car. If he can find me a replacment, I will drive it back to them. He has already agree'd to that.
If he can't find a car that I can agree on, I will ask them to pay shipping to get the car back, and get my money back.
Really, the sooner you get the car back in their hands the better. They will try every trick in the book to stall. The sooner you get the car back and money in your hands, the better a situation you'll be in.
If you end up buying another car from them, then that's your choice, but all the time they have your money, they're in control - remember, once this car is (now has been) branded a flooded car it is essentially worthless - your money is worth more to them than the car right now and you need to turn the tables.
Even if it means buying a clunker to tide you over, get rid of the car.
I'm with oreganet and LVDell on this one. I can't help but have a bad feeling that you're being maneuvered into a position that is going to make it more difficult to resolve this issue.
Only the paranoid survive!
Don't lose sight of the fact that you may be setting your self up to pay sales tax twice (once for each car) if your hold onto the second car for too long. There is probably law in your state about how long you have to return the first car (and receive a credit on the sales tax you paid), but it is pretty safe to assume that the longer you hang on to it and drive it around harder it will be to argue that there is not a "taxable event" when you acquire another car.
I am not purchasing this car. If I haven't returned it by the time my temps expire, I will just put on my plates and hope for no tix. If I were to pay tax, I have 6 months to recoupe it when buying a new car.
That's like going from the fire into the frying pan. Don't get yourself in more ****. I'm with others here, return the car now and arrange to have someone give you a ride away from that place. How do you even sleep at night even having possession of it. You really need to pick up the phone, and arrange it.......the sooner the better, and the sooner you can move on and make things right. Good Luck.......and again, don't just slap some plates on the car......if you get busted for that, that will give them ammo against your character in the event this thing moves into legal proeceedings. Sends shivers down my spine!!
I am going to give them a few days to make this thing right. They know they have to take the car back. I have talked to 3 lawyers. All of them advised me to work it out if I can with them. So that is what I am doing. If they don't come thru, I will insist that they ship the car back and refund my money. Or I will call the lawyer and sue.
Don't forget that they have lawyers, too. And what your lawyer tells you now may not always be the outcome if you have to go to court. Take the car back, get the money, and wash your hands of this deal. There are too many good cars out there to waste your time on this dealership!
Okay, so if they're being so cooperative, why have they not offered you that car? If they were really into making you happy and resolving this quickly they would have presented a range of options to you and a timeline for resolution.
... the conversation could go something along the lines of;
"Sir, we present he following options to you:
1) return the car, we'll refund your money and all expenses.
2) Exchange the car for this silver C4S. Come in this weekend and do the exchange.
3) We can try and get hold of a comparable car, but that might take us a while. let's talk about what that can would look like and mutually agree on the limitations of such an exchange."
Until such an exchange happens I don't think that someone is being serious.
Well I for one think you are doing the right thing trying to handle it amicably. It really is possible that they took the word of the dealer who sold them the car in the first place and are now working out arrangements to send him back this car. Drive it until they do and consider it a free ball. As for the other c4s they are offering you for 49k, I would suggest lopping off 2 grand for your troubles and see what they say.
From what they've said so far they seem to be making it right, so don't pull out the pistols unless nescessary.
I'd missed that they had offered the silver C4S to you.
Looks like a nice car, but as usual, pull the carfax, get them to pay for a PPI and ask them for an account of the history. Trace whatever you can. If you are contemplating accepting their offer, do not do so without going there to see it.
I cannot compare option for option with what you originally bought, but you should compare side by side what each has and put a value to it. I do not think it unreasonable to counter offer depending upon how this car stacks up to the one that you bought. If you post the differences here we can help you sort through it.
Additionally, this whole experience has been a drain on time and effort. I personally put a high value on my time, that should factor into the deal.
I read your comments about what the three lawyers said. Unfortunately, I interpret that to be lawyerspeak for "come to a settlement with them, don't push this to court". Not being present for the conversation I might be wrong, but considering I know plenty of lawyers I can imagine the conversation. That limits your options. Hang in there, you have a lot of people here looking out for you.
Post on eBay says that there is 'remaining factory warranty' on the car... doubt there is any left. Not sure what the 'in production' date of the car was, but it was built in 12/01. If it took 6 months to get it on the road, there shouldn't be any factory warranty left...
Since you're accepting opinions, I'll contribute: don't try to make a better deal out of a situation that didn't go right. Take the money if you can, look for your perfect car, and move on. For that kind of money, you don't need the hassle of questioning the credibility of the other end of the contract.
My car now has:
RUF Pedals
GT2 WING
Advanced technich pak
Sport Design Pak
Heated seats
Sport Exhaust
Silver console
Black Metallic Paint
Sport Full Leather seats, leather dash
32.5k miles
Bose/cd changer
Hey guys, am I the only one to remember the warranty issues he had with the C4s he has now???? This ad on Ebay is the exact same from the C4s he just got screwed on except for the photos,mileage, and price. Heck, I know because I almost bought the same car. Thank God I was an hour too late.
So
1. we have a dealer that stated there was a factory warranty but then Arrogant finds out AFTER he buys it that he doesn't. (same as the C4s offered to him an exchange)
2. the car has a flood damage history not known till after he buys it
3. they are now selling another 2000 C4s for a Buy It Now price $2000 more than the one Arrogant purchased even though his had 7000 less miles. (Sure sounds like they knew something....?)
These guys sound like bad news. THANK GOD I DID NOT BUY THIS CAR!
Carfax on Silver C4S
Year purchased 2002 2002 2004
Type of owner Personal --- ---
Estimated length of ownership 6 months 2 yrs. 1 mo. 1 yr. 6 mo.
Owned in the following states/provinces Missouri Missouri Missouri
Estimated miles driven per year --- --- ---
Last reported odometer reading 2,303 14,998 40,274
Year purchased 2002 2002 2004
Type of owner Personal --- ---
Estimated length of ownership 6 months 2 yrs. 1 mo. 1 yr. 6 mo.
Owned in the following states/provinces Missouri Missouri Missouri
Estimated miles driven per year --- --- ---
Last reported odometer reading 2,303 14,998 40,274
Date: Mileage: Source: Comments:
03/11/2002 40 Aristocrat Motor Co., Inc.
Shawnee, KS
[phone removed]
www.aristocratmotors.com
Vehicle serviced
Pre-delivery inspection completed
03/16/2002 Dealer Inventory
Missouri Vehicle sold
03/16/2002 Aristocrat Motor Co., Inc.
[phone removed]
www.aristocratmotors.com
Vehicle sold
03/16/2002 Missouri
Motor Vehicle Dept.
Belton, MO Registered as
personal vehicle
05/02/2002 43 Missouri
Motor Vehicle Dept.
Belton, MO
Title #PE251368 Title issued or updated
First owner reported
Loan or lien reported
07/26/2002 1,588 Service Facility Vehicle serviced
State inspection completed
10/03/2002 1,589 Dealer Inventory
Springfield, MO Vehicle offered for sale
10/14/2002 2,303 Service Facility Vehicle serviced
Owner 2
Purchased: 2002
Where: Missouri
Est. miles/year: ---
Est. length owned: 11/4/02 - 12/9/04
(2 yrs. 1 mo.)
Date: Mileage: Source: Comments:
11/04/2002 Missouri
Motor Vehicle Dept.
Springfield, MO
Title #PB531660 Title issued or updated
New owner reported
11/05/2002 Missouri
Motor Vehicle Dept.
Springfield, MO
Title #PB531660 Title or registration issued
01/21/2003 3,790 Service Facility Vehicle serviced
Fuel system serviced
03/21/2003 4,306 Service Facility Vehicle serviced
05/02/2003 6,061 Service Facility Vehicle serviced
Suspension system serviced
09/26/2003 9,466 Service Facility Vehicle serviced
04/20/2004 14,998 Service Facility Vehicle serviced
Owner 3
Purchased: 2004
Where: Missouri
Est. miles/year: ---
Est. length owned: 12/9/04 - 6/29/06
(1 yr. 6 mo.)
Date: Mileage: Source: Comments:
12/09/2004 18,372 Missouri
Motor Vehicle Dept.
Springfield, MO
Title #PK062679 Title issued or updated
New owner reported
Loan or lien reported
12/10/2004 Missouri
Motor Vehicle Dept.
Springfield, MO
Title #PK062679 Title or registration issued
Loan or lien reported
06/29/2006 40,274 Auto Auction Sold at auction
in Texas
Listed as
a dealer vehicle
07/25/2006 Porsche Cars North America No recalls open for repair
For .02 from the Queen City:
Your response to their "deal" should be like that other famous city
in Texas, "EL PASO"!!!
LOTS of other beautiful P-cars looking for a great home, I just wouldnt make it from this particular Land of the Misfits.
Okay, here are my first thoughts:
1)Why did owners 1 and 3 own the car for such short periods of time?
2) Why did the fuel and suspension need service on such a new car?
3) Why was a low milage Porsche in good condition sold at auction?
4) Why did a car that spent it's life in MO get sold at auction in TX? Is there a way to wash a title in TX? The last car suggests that TX is not great at recording problem on titles, is this another instance?
Again, these points seem unusual for a C4S. There may be legitimate answers to the questions, but the questions need to be asked.
It's getting late, so I'll have to compare options tomorrow, but this should give you something to think about.
I agree with oragonet, too many questions about this car. I would never buy a car with three owners in 4 years, and since you mentioned it Texas is a notoriously bad state for car title protection. While you may still consider doing a deal with these folks at global motors, for now I would take my cash back and pass on this one.
ArroGant,
Man I do not know how old you are, and please do not take this wrong as we are only trying to help you. You have to be one of the most naive car buyers I have ever seen in my life. These guys are playing you. Period. Anyone who ever would consider buying a car from these guys gets what they deserve. Send them their hunk of **** back, get receipts from everything that you have spent on this hunk of **** including the gas you put in it, plane ticket to Houston, insurance for however many days, shipping costs, taxes, etc, etc and have them priority mail the check to you or wire to you account. The cost of shipping this thing back to them in closed container is going to be about 1200. When you get the check, run to the bank and never ever deal with these people again. Everyone on this board would be well advised to do the same.
There is NO way they missed the flood on the car. As someone who appraises, buys cars from auctions and customers, you don't miss that stuff on this type of car. The car was a Canadian car, which would have been disclosed at the auction when it run through the lane and very apparent as it is on the door jam. Flood damage (also announced at auctions as well) is also very easy to check for and in light of all the flood cars from New Orleans, this step would not get missed either. I would totally get out of this deal, politely ask for you money back, keep expressing interest in a new car.. and as soon as the money hits your account. Then never take a phone call from them again.
totally agree with Verist. I consult for OEMs for training dealer management and staff and I can tell you that they obviously knew the issues on this car before you brought them to their attention. If not, then the used car manager is the worst in the business who doesn't know his a$$ from his elbow and shouldn't be let within 50 miles of an auction. They are being nice to you now to cover their butts and to minimize their exposure to possible liabilities and prosecution. If you wanted to invest the time and ressources you could subject them to a major public spanking. But my advice (along with the general consensus) is to get your money back ASAP and never ever deal with them again; plenty of other fish in the sea (oops couldn't resist one last "waterlogged" pun).
Ok guys. I found a totally clean, 2 owner, 2002 silver C4s with 17k miles. It has memory seats, design pak and bose/changer.
1 month factory and I can it for $58k and I got him to throw in a really good 3 year aftermarket warranty for free.
I'm unequivocally with blk on blk on this one, so I'll apologize in advance for the unkind words. You're either way too young or the most naive person out there. You seem content to just sit tight while Global jerks you around. SEND THE CAR BACK ASAP!!!!!! They're trying to let you keep the car for as long as they can hoping you might not want the hassel on undoing the transaction, and they'll offer you a small discount in the end for your troubles. Keep in mind also the prolonged use of the car in your possession will provide them ammunition should this thing go south. Trust me as well as everone here, you do NOT want to keep or drive this car for another day. Even if you still intend to buy another -- clean -- car from Global, you must undo this transaction and start over immediately. Global should have no problem agreeing to that if they're as honest as you say.
Do NOT fall for their rhetoric about "working things out" with Momentum. That's between them and has absolutely nothing to do with you getting prompt restitution. You getting proper reimbursement from Global is NOT contingent upon Global "working things out" with Momentum. I hate to say it, but it's really pissing me off that you're easily getting sucked deeper into this scam. I wouldn't be getting worked up if I weren't looking out for your best interest.
Arr0gant - I am guessing that
blk on blk
probably thought you were talking about the Sivler C4S that Global offered to sell you. It was not completely clear that the "new" (or latest) Silver C4S you just found was an entirely different car. Hence, his (blk on blk) frustration.
blk on blk - if I am wrong, please correct me!
Thats why i said "I FOUND" and not "THEY OFFERED". I am trying to get them on the phone to let them know I need to ship this car back right away. No one will call me back.
You know, its real simple from my angle. They are going to pay to ship the car back, pay for my air-fare and gas to drive home and pay me every penny I paid for the car. If they don't agree, I will file suit. I already have a lawyer waiting for the outcome. So, I am not real worried about them not fixing this to my satisfaction. I'm not too sure why you guys blk et al think im so naive. The law is clearly on my side.
Read this:
http://library.findlaw.com/2000/Mar/1/130722.html
So, in the mean-time, I am going to give them a few days to get this straight and give me an awsum deal. I think time is on MY side. As long as they keep up the communication, which im a little worried about.
A friend, who is a lawyer, had a similar problem with a dealer selling him a Porsche that was found to be salvaged and lied about even the year of the vehicle. Won a DTPA lawsuit after a year for treble damages, attys fees, etc. Dealer went bankrupt & he collected nothing. He's still bitter about the whole thing. Never count on a "sure thing" lawsuit.
But you dont have a case with momentum. Momentum never dealt with you. You only dealt with global. I dont know texas law but my guess is i you were to sue global you would implead (or is it interplead) momentum in your suit just so global couldnt point to momemtum as the perpetrator.
Lawyer told me, we are going to sue them both. They will BOTH get a letter!
Its kind of like this, If I were to sell the car to someone and I had the car in a flood and never told the person I sold it to, then THEY sell it to someone and the 3rd party find out. Guess who it comes back to? ME!
Exactly, there is no case against Momentum. What you should do is what everyone is suggesting - get the car back to the dealer. And don't condition it on getting all of your expenses back. Also be careful about the form of payment you receive if the dealer does refund your money. If the dealer gets the car and your money, you've got trouble.
You seem to be forgetting you are dealing with a very sleazy dealer for passing off the flood damaged car in the first place.
Im not trying to practice texas law, but the letter to momentum by your lawyer may as well be written on scottissue.
You have to prove they knew it. easier said here than in court where you have to authenticate every piece of evidence you are showing the judge, and have an expert say the document says what it says.
not trying to **** in your cornflakes.
instead of typing here, work on getting that lemon back to global and your money back into your bank account.
I would also start a claim with carfax right now and if you financed it see if your bank will pull the money from global since the collateral they took was misrepresented. if you financed you are lucky, just drop the car off at the bank and say here is your collateral, screw my credit rating, and move on (JK).
You must not be a lawyer. In civil law you only have to prove beyond a preponderance. Thats more likely than not. YOu don't need expert witnessess etc.. Your story just has to be at least 51% to their 49%. Witht the proof i have along with witnesses, proving beyond a preponderance is a cake-walk.
Of all three lawyers I ahve talked to, they tell me the case is open-and-shut with the evedince i have. All it comes down to is me paying $500 to 15k if it goes to trial. They don't do contigency in this case cause the risk is not worth the payoff for them. They have all sayd I will get, AT LEAST, my damages, what I payed for the car and atty's fees.
Prolly not a good idea to give legal advice, unless you are an atty that undertands DTPA and Consumer Fraud. Thats all im saying. I have been advised.
So..Im not looking for legal advice unless you ARE an atty. THen I will take all the free legal advice you are willing to give!!
Here is some free legal advice, get the guarantee of the outcome of the case in writing. Unless you get that, leave the practice of law to the lawyers.
the most difficult thing with evidence is getting it in. Your papers are worthless unless authenticated. Didn't you watch LA Law, Perry Mason or The Practice? Even Ally McBeal knows you have to get the evidence in for the judge to consider it, and papers you say show it was flooded are worthless unless proven authentic, or more authentic than the papers from the other side provide that may state otherwise. I know, that can never happen. Carolyn Warmus said the same thing about fifteen years ago. I wonder if she is out of jail yet.
your member ID says a lot. Good luck!
Edit, Just keep the car. It wil be cheaper for you to pay the repair bills than the legal bills you will incur with your confidence.
If you say so.
I didnt know texas has two sets of evidence rules, one for civil, one for criminal.
You just dont get it. I agree with the other posters about you being naieve. Sorry I tried to help. Next time i will keep my thoughts to myself and just watch the train wreck.
First off, personal attacks aren't necessary. Secondly, I have the fax's they sent me. They don't have to be approved by a judge. This is a civil case, it doesn't work as you are thinking. The differences between the 2 are huge.
As I said, I have already been advised by 3 Texas atty's. I have been told that iwth my evidence, they don't have a chance.
Although I do appreciatte your help, lets leave the legal advice to the lawyers.
Thanks!
Why don't we just stop giving him advice, let him keep the car and start a "Bob" thread in a couple of months? It's evident that he is in the first stage of "I just bought my first Porsche!"
Tom R
Don't bother. This is an open and shut case as he was told. Of course the atty also told him "They don't do contigency in this case cause the risk is not worth the payoff for them." What risk? It's an open & shut case. lol
arr0gant,
we will be very happy for you if you tell us that the car is returned and you got your $$ back.
then we will watch out for you, help u get your 996. c4s or turbo, what ever you like.
but the used car market is a very "dramatic" place. until u got your $$ back in your pocket. anything could happen.
yes, u have them in *****. but u need to spend too much time to fix this.
BTW, don't post anything on here any more. if you need advise on this case, send message.
best regards.
Good point.
I know I do not know Texas law. I also know lawyers can get disciplined or suspended if they give legal advice (even free legal advice) in a state they are not licensed in. I know I am not a Texas lawyer.
If a Texas lawyer said it is open and shut, then it is open and shut.
My feelings now are if someone can afford to drop 50k on a car they can afford to drop another 10k on lawyers to get the 50k back. I am happy with my lowly 944 because I want to limit the amount of $$$ I leave on the wall of Lime Rock or Pocono. My brother on the other hand is a lawyer that wants to drive a car fitting of a lawyer, hence I am hanging on this board as I try to learn about 996s for him.
I also wonder about that warranty where the buyer signed/initialed the as is box and under the warranty box where there is no signature acknowledging a warranty says warranty. If I was THE judge I would have a hard time saying there is a warranty. something about looking at the four corners of the document.
But if the Texas lawyers say it is open and shut, his initials must not be an issue.
Since it is open and shut, and arrogant knows all he needs to know I think arrongant should lock this thread and reopen it in a few years to post the results when the litigation is over. I will subscribe to it.
Arrongant reminds me of the charachter in body heat. the one that made the comment about a thief getting caught because he forgot one detail. seems arrogant has all the details so our advice is superfluous.
Sounds good. I think everything has been said that can be said.
I'm subscribed to the thread and awaiting the result. Ultimately it's now in Arr0gant's hands.
We wish him luck and hope for the best.
This has been a train wreck and I'm not sure I watch any longer. The message about them not returning phone calls was the last straw for me.
Again, no offence, but I'm also curious - how old are you and what do you do for a living?
I'm guessing no older than 25 (no one over 25 uses gay so as to mean 'a bad thing') and if 50K is no big deal, then I'm saying inherited money, or a job that doesn't require a lot of experience to get to a high salary.
Interesting...
IT manager... as I said, large salary without much experience.
Additionally, the comment above can be interpreted as meaning that 50K is not important to you.
I'd also say that you're single. Your attitude is not one of a married man. I know a few married IT managers and none of then can afford to pay cash for a Porsche.
As if this horse hasn't been beaten to death enough, I'll pose two more questions for you, Gant.
1) Do the faxes from Momentum contain any verbiage about them deceiving Global on the flood history of your C4S? In other words, do you have any official paperwork proving Momentum willfully misrepresented the car to Global? The answer will obviously determine whether Momentum is also liable.
2) Does your warranty paper from Global contain any signatures or letterhead? Take Tom's caution to heart. If this is as simple as an open-and-shut case as your attorneys say, then that's great for you. Don't forget, however, every lawsuit has an opposing lawyer -- for a reason.
Good luck, we're all pulling for you.
Maybe if we beat the dead horse long enough, it will go away....
1. This dealer is either dishonest (he knowingly sold you a flood damaged car) or incompetent (he deals in cars for a living yet didn't do a proper background check on such an expensive piece of inventory, and risked being stuck with it). In either case, why would you want to deal with them again in any way? If they will take the car back for a refund, do this ASAP, but DO NOT hand over the vehicle until the cash hits your account.
2. It is highly likely the dealer is just stalling while trying to find a way to get out of this to his benefit, not yours. If this is not true, why wouldn't they simply say, "bring the car back now for a full cash refund"? The reality is that he will be stuck with a car that will be tough to sell, and that he will take a big loss on it, if you return it. There is no easy or honest way out of this for the dealer. Either he loses or you lose. Which do you think he'd prefer?
3. Litigation should always be a last resort when all else fails. If this was such an "open and shut" case, then why wouldn't they take it on contingency? These attorneys can go on and on about how solid a case it is, but at the end of the day, they will collect their fees whether you win or lose. The only reason to waste your time with this, is if the dealer completely reneges on a refund and you are left with no other options.
4. And finally a personal observation that I hope will not offend you. I suspect you have gotten caught up in the emotion of owning/driving your new Porsche (which we can all understand here!) and are not thinking as rationally as you might in other circumstances. IMHOP you should be focused totally on returning the car and getting your cash back. Forget about searching for other cars, getting a deal on an exchange with Global, etc. If you don't get this car back to them soon, this could get really ugly. Remember, Global is currently holding all the cash, and you are holding a big lemon that is probably worth half of the cash you traded for it. You're only goal right now should be to get that car back to them and get all your cash back ASAP. If and when that fails, call the lawyers.
From what the lawyers said, Momentum, having the paperwork and actually "giving" it to me, is proof that they "knew" about it. Proof enough for a judge in a civil matter. Also the fact that Momentum performed this work is also another reason they knew this car was flood. Playing dumb and saying oops, our mistake isn't enough, and I don't have to bare the buren of THEIR mistake. I don't have to get them to actually write it down for me, or give me a statement. They knowingly and willfully sold the car as a regular car, when it fact it was not.
This iisn't the kind of case lawyers take on contigency. Its a bigger risk for them AND they would take 33% of my car. I pay them a fee and they get me my damages PLUS they sue for their fee back. SO I DON'T END UP PAYING THEM ANYTHING. This is how it was explained to me by 3 Texas Consumer fraud lawyers.
Don't worry about how much I make etc, you don't know me. It's really lame and bares no relevence to my situation.
I didn't open that Pandora's box, you did.
What is relevant is that a lot of good people have tried to help you here and you have repaid their patience and generosity with intolerance, insults and snide remarks.
Seriously, a lesson in life. If you deal with everyone the way that you have treated others here, then you'll be a sad and lonely man with nothing but a flooded Porsche for companionship. I was serious when I said that I thought you were <25 years old, as that is the level of maturity, common sense and intelligence that you have been showing.
I really do wish you well, but you really have been making life hard for yourself when others have beeen trying to help you.
Arrogant,
I have a true story for you.
I live on an island. there is a toll bridge i have to go through to get to my house. some years ago they put a lazer bar code decal on windows of cars that paid an annual fee. often the lazers didnt work. one time somoene backed into my new acura legend coupe. the damage was there but too small to make a claim for (wheel well had minor ark).
Also, in NY it is illegal to back up on a "controlled access highway" good luck getting that defined.
long story short, one day it didnt read my sticker. there was a person in the booth that said back up. there was a car behind me. i refused and shut the car off instructing the bridge employee to follow the law and bridge authorities procedures and push the button to raise the gate.
a few minutes later the cops came. the first thing the cop said was 'back your car up *******". that car at the time had special plates that should have put me above the law. I informed the cop of the law etc.
he took over a half an hour to write the tickets. I had a mini tape recorder in the car and went to internal affairs. he got disciplined. the DA wouldnt plea the tickets.
we went to court. of course the headlines in the paper on the day of trial were a cop murdered on page one, and another cop shot and wounded in a separate incident on another page.
my open and shut case that the cop was vindictive went out the window. i couldnt attack the cop with those headlines. maybe you could have, but i didnt think the judge would appreciate it.
then there was the document that i got under freedom of information act. it showed the times of the call to the police, when he arrived, and when i called the precinct to report his behavior.
I tried to get it into evidence to show the cop was being a dick, and to show that the other witnesses were not credible because they said i was there a half hour before they called the cops. I testified when my train arrives and showed the police record showing they were called less than 15 minutes after i got off the train, walked to my car......
guess what, I was not trained on how to read the column under time that said 18:20, 18:40 etc.
needless to say my key piece of evidence was not admitted.
Tell me again about the rules of evidence, and how they differ in civil and criminal trials. my case was opeen and shut too.
want more stories about open and shut cases?
What pandoras box did I open? Someone just asked if I financed it, I said no, cash...thats it.
They fixed a flood damaged car, they sold it. They faxed me their own records. OPEN AND SHUT.
You guys are too much, really. And Oregon, your personal insults are rediculous. I think certain peoples advice is awesum, others? Not so much. But I appreciatte it also, even if I decide to rebuff. I have a differing opinion and am just giving it.
Hey arr0gant,
Dude, relax.
I'm repeating someone else's advice (adding my own flavor), but I think it's worth repeating (paraphrased, my apologies to the original poster as I lost track in the 7 pages of who gave it):
1. don't worry about what people are saying here. I think we've been through all the possible options/opinions people had to offer. You've heard all the opinions.
2. Try to get your head clear, and plan on how to deal with global/momentum.
3. Getting agitated with the folks here will only hurt you - not withstanding the relationships here, it WILL affect your handling of the conversations with the lawyers and dealers.
4. From my own experience (again repeating what has already been said), lawyers earn their living by selling the case to you, and landing you as a client - take what they say with a grain of salt. I went through 3 lawyers, and then decided to represent myself.
5. Dealers earn their living by selling you cars, not taking them back.
No offense to anyone, but there's a reason why lawyers and used car dealers have the reputation they have. That doesn't mean that all of them are like that, just that there is a percentage of them out there that caused them to get these reputations. On the flip side, I personally have dealt with a great lawyer, and some straightforward dealers.
Final, wind-up advice is:
keep your mind on the end goal - to get rid of the flood damaged car, and to get your money back
. Everything else is incidental, and unless it contributes to your end goal, is a waste of time and effort.
Just an update, don't need legal comments.
Talked to the GM of Momentum, he assured me that they WILL be buying the car back from Global. He is also personally going to make this right. They are not playing around. They understand the seriousness of this issue. I also told them, I expect them to pay all expenses accrued and how this WAS NOT my fault (plane-ticket, gas back to The Lou etc..). He agree'd. He asked if my budget was set. I told him if he can get me a newer, clean C4s with lower miles, I understand that I may have to pay a little more and am willing too. But I expect UNDER wholesale and that I have access to Manheim and know wholesale. He is working on it as we speak.
This WILL work out, the doubter's will see that the train-wreck was an illussion. I am confident of that. They simply have too much to lose here. I have faith it that.
You had me up until you said you you were giving them a chance to get you another car. They buy it back, they reimburse you for ALL expenses incurred and then you start your search from scratch.
As the old saying goes:
Burn me once, shame on you. Burn me twice, shame on me.
Dell, I think that IS a great point, and one that i have considerred. I believe that I can use this situation as leverage to help me get a great deal. Burnt me once, shame on you, so make it right!! I trust they will. If I DO get burned? I have NO ONE to blame but me. I don't think they will burn me again. I will expect every record on this new car, no matter what. I will also expect a CPO. I think they owe me this. That is what I got from the GM. I have made the decision to give them a chance to make me happy.
He already told me. He WILL buy the car back and pay my expenses. I told him, you do me right, I WILL be back for a turbo in 6 months. I trust and have faith that this WILL work out. Now, we will see. Hope you guys put up a little prayer for me.
I am still having a hard time buying that Momentum sold Global a car and did not disclose flood damage. If you really have them by the stones like this they have a pretty nice 996 C4S in their showroom listed for about 89k. I'd have them send me that bad boy in exchange for your submarine. Otherwise I think I'd go to court. Still I find it hard to believe Momentum would be involved, but then again it wouldn't totally shock me that they are jamming people up too. They are afterall car dealers. I use their shop for maintenance. This gives me pause. Also initially you said it was Advantage Porsche who sold you the car which further confuses me.
Also doesn't Global have your money? Are you basically letting Global keep probably 10-12k in profit on the deal? Right? Global buys car at auction from Momentum for $39k. you buy it for 49K. Momentum buys back from you for 49k plus expenses. Why reward global with a profit? they had to know the car was damaged too, but they are trying to pass it back off and pocket some cash. To me that is damn near as bad. Momentum has no recourse with Global apparently. This whole thing smells so bad I do not know if I ever want to buy another car in this town.
Not sure why I ever thought advantage. I think I may have thought advantage and momentum were the same. I don't remember. Advantage was never involved.
The GM told me it was their mistake and they are going to buy it back. There are things in life that just are what they seem to be. They sold me a bogus car, they know it, they know that I mean business and if I sue, this will cost them alot more in money and reputation. They know they have no moral or legal edge over me. They know they did something illegal and the only way out is to make it right. I have faith that the system is totally and completely on my side.
The key would you just used was illegal. So let them off the hook the easy way with buying your sub back and then making money on you again? You know that aren't taking a hit on ANYTHING they sell you. Like I said, I would have already reported their *** to the authorities for fraud and illegal business practices. See what comes of that!
You seem to be a grown boy now so do what you wish. I just have a hard time understanding you allowing them to give you another car. No seriously honey, I didn't mean to sleep with that other woman. Please give me another chance and I will make it right. Works everytime doesn't it. And what's the first thing you do when given the chance again? You guessed it.
Best of luck to you. Hope this ends well for you. Even though you are not in control. You relinquished that when you let them find you another car.
Arr0gant, I feel very sorry for you in this whole thing, but it seems like you are on the right track now letting the guys make it right. Sometimes you need to put a little trust in people. Here is a perfect example: The other day at work I got an email from a Nigerian bank owner who told me that he needed help getting his business license in the US and told me that he was giving 500 grand to US citizens for FREE! I sent the small transfer fee via cashiers check ($15,000) and waited for my half a million bucks. When it didn't come I called the guy and he told me he would make it right. It turns out that since it was an over seas tranfer the fee was double. See, he made it right and any day now I will have my money. If I didn't trust this total stranger who promised me that he would take care of me I would have $30,000 in the bank instead of the $500,000 that should be in there shortly.
You see the moral is trust people and good things happen.
...I know I told myself I wouldn't comment on this farce again, but I can't help myself, here goes....
Dude, you too! This guy is totally legit, he gave me $100K last week and is selling me a C4S! I'm also told that I can buy stock in a new company he's putting together to sell genetically modified pork that than fly.
This is so totally awesome dude! Like for sure!
The thing is this, you are going to lose your money. Same thing happened to me a couple years ago, but I lost 70 Grand. Something must have happened to him. I believe someday he will give me the money. I hope he is ok, poor guy.
I pray for ill friends, world peace, and my friends widows. Sorry, I just cant see myself ever praying for someone that got burned once on a car, then went back for more.
But then again, when my red Porsche was stolen three years ago a rennlister said he would pray for me and I asked him to please not. so at least I am consistent. I dont pray for cars or money. Sorry.
I know you said you didnt want anymore free legal advice, so I will respect that. However, I will give you a little free life advice.
WAKE UP AND SMELL THE COFFEE!!!
Gee...I can't believe I spent an hour or so reading this thread up till here!
I feel sorry for arrogant, I wish you all the best and hope everything works out right.
I've been screwed before in a car purchase, but in a smaller scale. Promises that were not kept at the time of delivery. Damages were only good enough for a small claims court (about $2k).
The thing is, I filed suit but they couldn't serve him, he moved!!! He was a LIAR all the way, and if I ever saw him again, I'd have to go to jail for doing something to him.
Today, I've learnt my lesson well. I do not trust anyone anymore.
What I don't see I don't believe.
What I am told, I double confirm.
And I am not afraid to offend anyone for not trusting them.
I commend you for your tolerant and forgiving nature, even though I absolutely do not agree with in this instance. Let me get this straight, you have Momentum on record
admitting
they sold the flooded car to Global without proper disclosure?! So with the deceptive trade practice laws squarely on your side, the end result is Momentum replacing your flooded car with a comparable one, one that you're willing to accept even at a higher price? Is it possible to let them get off
any
easier? If you don't want to report them to the proper authorities -- your civic duty, then at least inflict serious punitive damages to make them think twice about doing this again. A comparable swap at below wholesale isn't even close to a slap on their wrist.
You may think you're in total control of this situation, but from your demands, or lack thereof, you're still transacting on their terms. I simply can't believe you're letting a major business that has confessed to fraud (by your account) walk away unscathed.
Cmon you guys. Have a little faith that I may just know what Im doing. Should I call a 4th lawyer? This is what every lawyer has told me, including Crag K***r, the guy blk hooked me up with. Read the DTPA Texas Law.
http://library.findlaw.com/2000/Mar/1/130722.html
As long as they are willing to take the car back and pay my damages, it is over. Now, if they say FU, go away, we ain't payin' you NOTHING. I can sue them, expect to get all my money back AND sue for "UP TO" 3 times damages, but no more. THIS IS THE LAW!!! THERE ARE NO PUNITIVES!!! You guys are the ones who are misguided in this situation. They know I have 'em and I will expect the SAME car for the SAME price, at least. IF they get me a car with half the miles and its a year newer, I will spend an extra few grand. Example. If they get me a factory warranty + CPO car, 2003 with 17k miles that they payed 55k for at auction, I WANT IT FOR 53k. If they say no, I say ok thanks. Ship my car back to you at YOUR EXPENCE, PAY ME for my plane ticket and $150 for gas for my way back, and thank you and have a good life. The ball is in THEIR court and I AM IN THE DRIVERS SEAT! This is an opportunity to get EXACTLY whatever I want. Don't any of you get that? I am a little more savvy than you may think. We WILL see in the end.
blk, whether Global knew or not, Momentum claims they DID NOT. I ahve to take Momentum's word. Besides, I really don't care. Its not my concern. My concern is getting EXACTLY what I want OR getting my money back. If Global keeps a profit or not is between THEM and Momentum.
NOW, I WILL keep everyone updated. If you have anymore comments, feel free to express. If I deem them to be helfull, I will appreciatte it, as always.
Thanks guys,
Gant
PS. Mean and snyde remarks show everyone here who is really here to help and who is simply trolling and here to antagonise. Now, the sarcastic humorous remarks are ALWAYS welcomed!!
wow, this thread is endless.....just set to it and let us know what happens. Forget the rampant non-seq opinions and just go with your gut. Best of luck - you deserve to come out with a fair deal, no matter how you pursue it.
m
These are the only records on this car. Is something fishy with a car thats records seem to start here at 14k miles and 6-23-05??
2003 PORSCHE 911 CARRERA2/CARRERA 4S
WP0AA29983S621574
COUPE
3.6L H6 SFI DOHC / REAR WHEEL DRIVE
Standard Equipment | Safety Options
CARFAX Safety & Reliability Report
CARFAX Vehicle History - At A Glance
� 4 billion vehicle history events checked from public and private sources
� Qualifies - CARFAX Buyback Guarantee
� Last reported mileage - 22,672 miles
06/23/2005 14,227 Auto Auction Sold at auction
in Pacific Region
Listed as
a fleet vehicle
07/18/2005 14,549 Texas
Inspection Station
Fort Worth, TX Passed emissions or safety inspection
11/02/2005 Texas
Motor Vehicle Dept.
Weatherford, TX
Title #22038938649154256 Title issued or updated
New owner reported
Loan or lien reported
05/01/2006 22,672 Dealer Inventory
Houston, TX Vehicle offered for sale
05/18/2006 Dealer Inventory Vehicle offered for sale
07/28/2006 Porsche Cars North America No recalls open for repair
What does the selling dealer say? if he says it is a CPO or was never damaged, then it must be true. I would buy it if the dealer says all is well.
we all know they dont wash titles through texas.
Gant, it appears you missed my point. I don't mean punitive damages as in a lawsuit. A lawsuit should only be the last resort. If Momentum has admitted liability and you have them by the *****, then you should squeeze, is what I'm saying. Momentum Motorcars isn't a mom-and-pop operation, so you should find out just how much their reputation is worth to them. Demand more than you're willing to accept and negotiate from there. See if they call your bluff and risk the bad press in public. Channel 13's Marvin Zindler will be happy to facilitate, I suspect. It's not like they stiffed you on a set of tires. They sold a flooded car as a regular car!
Like I said, a comparable replacement is a wash to Momentum. What did they lose in the end? Regardless, it's your affair and decision, so it's up to you.
I've recieved several PM's. If it wasn't for people like them, as a brand-new member, I would think this board is a waste-of-time and I would leave. You all know who you are!! Thanks at ton!
1. Gant, you are handling yourself with the utmost class. there are some real jackasses posting right now. don't know how you do it. I would be kicking some internet ***!
2. Arr0,
Pick and choose who you listen to here. We have alot guys who just like to F with people. Stick to your gunns, and if you need anything please respond.
3. Gant,
I have been diligently reading all the posts attached to your purchase. I am glad to see that global is going to take care of you. Im really interested in what comes of it as i have seen a few cars there that interest me as well. I currently have a ***** with **k miles. Love the car just want another one! Looking at the same type of car as you! 2002 C4S, lo miles, black and silver are the only choices for me (my ** is *** with ***). also considering an 01 or 02 turbo. I am not in a big hurry so when you buy yours, can you tell me the result? that way we are not fighting for the same car! did you say you paid 49k for the 02 c4S? most of the ones out there i have seen are closer to 55-58k. i hope you find another for the same deal. use me as a bargaining chip if it helps ( you know another renn lister that saw how stand up they were and wants the same kind of car!). my cel is ***-***-****, i live in **** **** good luck and i will continue to keep a watchful eye on your progress.
regards,
****
Gant, just ignore the people that just like like to throw gas on the fire. I think you have handled this VERY well and I do wish you the best. I am just praying you get exactly what you want and the price you think is fair and there are NO stories that come with the car.
Please keep us posted. We are just looking out for you.
Hey, You have to grow a thik skin on this board. You should have seen the way I responded when I first joined the board almost ** years ago. Man, I had a temper problem. But I grew some skin, realized there were some serous losers here, and didn't let anything get to me (for the mostpart).
You my friend are light years ahead of the curve with the patience you have exhibited with the riff raff trolls of this board!
*****
---------------------------------------
Just wanted to share these comments so that others know there really are great people here to help. Thanks guys, your comments mean alot.
Hmm... new meadow fresh fragrance Tide... smells like a title fresh back from being cleaned, my favorite!
Amazing - a 2+ year old car with no record of original sale or service until it miraculously appears at auction.
If this car is clean, then my wife said she just saw the tooth fairy in the other room.
This guy has almost a hundred posts in a single month. At that rate he's going he's going to top the
guy with shades from NY. The sad part of the strory is that he's being reamed and either he doesn't know it or is enjoying the attention. He sure doesn't behave like a u-boat commander to me.
Getting his money back plus expenses is a pipe dream and unfortunately he doesn't want to wake up.
This is a very sad story and many of us have gone through similar tribulations (thankfully, at less expense) but painful nonetheless.
That's so wierd. The owner of Global called this morning and told me he wanted to ship the car back right away and to send him my reciepts for GAS and Air-Fare so I could be reimbersed. Maybe im just in a wierd dream. Or maybe YOU need to "wake up."
Anyhow, they said they are looking for a car to replace this one for me that will make me happy, but in the meantime, they will be happy to get my money back to me.
An interesting twist. I would not give Global the benefit of the doubt here. Honestly they probably want the car back so they can try and sue Momentum, or use it as leverage in another transaction. Thinking their actions toward you are out of the goodness of their heart is probably naive. They have already sold you a bad car, and no matter what they say they knew it was bad. You are giving away your leverage with Momentum if you do this. If you are incessant in pursuing anything and you have Momentum by the nads then I would go after then. They have the deep pockets, and would be more likely to find you another car if you are set on that route.
That's good news and I'm glad it looks like things are going in the right direction for you. Get your dough back, chalk up the experience, and put your energy into finding your new car!.
Good for you! Ship the car back, get reimbursed for your expenses, and get your car purchase money back. Then, and only then, should you consider looking at other cars they (Global) may have to offer, or look everywhere else.
I only say do not send it back to Global if you have Momentum by the ***** because they have the deeper pockets, you say they have allegedly admitted the wrong doing, and they have the ability to get you another car since that seems to be your preference. If it were me I would have already sent the rusty hunk of sit back, and sued both of them if I had the evidence you say you have. However, given what seems to be your preference you will be giving away your leverage with Momentum if you send it back to Global who effed you in the first place.
Oh no, a sequel... just as long as it's not as bad as Rocky sequels... they never end.
You know, I'm half expecting to start seeing prequels soon... C4S: Attack of the Clones
I just got a new flavor. This one isn't supposed to have the salt the original has
I think it has a little more of a wurst type flavor, and should make the sequel go faster than the original.
Ya, the next sequil will be when I actually get my new car. As far as this current thread goes, we'll call it Paranoid 3
http://imdb.com/title/tt0265496/
Quality of advice rivals the reviews.