S2000 Talk Discussions related to the S2000, its ownership and enthusiasm for it.

need help...

Thread Tools
 
Old 06-21-2016 | 06:43 AM
  #1  
malin's Avatar
Thread Starter
Registered User
 
Joined: Jul 2009
Posts: 42
Likes: 0
Default need help...

Delete
Old 06-21-2016 | 08:31 AM
  #2  
InTheZone's Avatar
 
Joined: Apr 2009
Posts: 314
Likes: 2
Default

do you have in writing that he agreed to refund shipping costs?

did the ad mention anywhere another set of rims were included? I see the ad mentions work rims.

What rims did you get?

it doesn't take weeks to refund someone when you already got a check, don't give him another second since he's not being helpful at all.

I found this, for Ontario residents but I'm sure you can possibly find something for wherever you live: http://www.attorneygeneral.jus.gov.o...sh/courts/scc/

It says you can file a claim online and provide documents to support your case, not sure though how it works when dealing with someone from Ohio. I would go talk to someone from
Old 06-21-2016 | 10:00 AM
  #3  
malin's Avatar
Thread Starter
Registered User
 
Joined: Jul 2009
Posts: 42
Likes: 0
Default

I have all the conversation saved. He sent the car with the stock rims
Old 06-21-2016 | 10:11 AM
  #4  
opsdave777's Avatar
Registered User
 
Joined: Sep 2015
Posts: 122
Likes: 0
Default

There was a similar case not too long ago, but it didn't cross national borders. It sounds like an easy case, but only if you are located near the seller where you can sue him.

https://soundcloud.com/stevelehto/ho...lawsuit-ep-224
Old 06-21-2016 | 04:07 PM
  #5  
romeo2's Avatar
10 Year Member
 
Joined: Nov 2010
Posts: 118
Likes: 4
From: Calgary, AB
Default

If I were purchasing cross border I think it behooves one to pick up from the Seller to make sure everything is as advertised and no money crosses unless and until it is, and he can deliver a clear title which is in a form substantially capable of being registered in Ontario (or whichever province you live in). "Clear title" means that the vehicle has been deregistered in Ohio or that you have some arrangement in place that the funds will be held by an independent third party until such time as this had been effected. This requires that you know in advance exactly what the requirements are in Ontario to get this vehicle, IN ITS PRESENT CONDITION, registered in Ontario. Do you?

This kind of transaction first requires that you have complete knowledge of what the requirements are for importing a vehicle from the US and what mods, if any, will be acceptable to your vehicle registration office and the Department of Transport in Ottawa. Your local Canadian Tire will be the certifying agency in that regard so you should have a very long conversation with them before completing the purchase documents and exchanging any funds. You then have to ensure that the vendor can provide you with all the paperwork that will be required to get the vehicle across the border including a deregistration in Ohio and a certification that there are no outstanding recalls from Honda USA that are required to have been satisfied (this has to come from Honda USA in relation to the particular vehicle being dealt with - ie by VIN # and needs to be obtained by the vendor and provided to you as part of the closing documents). With a highly modified vehicle this may be difficult to get unless you are importing it as a race vehicle that will never see the public streets of Ontario or Canada. The process is not simple and there is a lot of information 'on line' to help you in that regard IF YOU DO YOUR HOMEWORK FIRST. If you don't do your homework you can easily find yourself in the situation you are in or worse - IE you somehow manage to get the vehicle across the border (having paid the purchase price) and then find that you are unable to register it in Ontario for driving on the street without returning it to its original condition at great expense to yourself. Part of the problem is that as the importer you are dealing with TWO LEVELS OF GOV'T- the Feds (from a safety compliance point of view) and the Province (from a title point of view) - both of whose requirements have to be satisfied before the vehicle can be reqistered and driven in Canada. You have to know what your responsibilities are in this regard so that you make the satisfaction of those requirements by the vendor CONDITIONS of your agreement of purchase and sale otherwise the purchase funds will not be released to him. You also should establish in your agreement what the PROPER LAW of the contract is going to be - is it to be Ohio or Ontario. This can be the first stumbling block to concluding a deal. Proper Law means if the deal once made goes sideways, which law will govern the interpretation and enforcement of the contract. Without this you are on very week ground legally, particularly if you are trying to enforce your rights under the contract in a foreign jurisdiction. Your vendor has clearly breached your agreement by fraudulently substituting the original OEM wheels for the Works wheels that were to have been affixed to the vehicle. How much are you prepared to pay a law firm in Ohio to recover the wheels and your travel expenses to conclude the contract?. In your case reimbursement of travel expenses POSSIBLY has become an amendment of the original agreement. How are you going to enforce payment of those monies? In these situations the only leverage that you have is the purchase monies. Collectively you and the vendor could have agree to retain an independent ESCROW agent who would not release the purchase funds until all the CONDITIONS of the contract have been performed and /or satisfied by the vendor. If they can't be satisfied in a reasonable time you get your money back and he gets to keep his car (NB the car will not likely have crossed the border). Of course if money is no object to you then all of this is irrelevant. Any time you are dealing cross border you should be consulting counsel to ensure that you interests are protected to the degree that they can reasonably be protected in the circumstances. Otherwise you are really "on your own" and the old legal adage "Caveat Emptor" (Buyer Beware) applies. I wish you luck. At this juncture I would say that your happiness rests with the goodwill of the Vendor, because not much else, legally, is sitting in your favour.


Now he made me wait will last month to ship the car with excuses after excuses. I finally had to pay for the shipping and he assured me he would repay me within 2 weeks (been over a month now with excuse and excuse)

When I received the car, the Works rims were missing and he said they were shipped couple of times but never did.

So I have a car that didn't come with the rims listed in the ad and the seller screwed me over 1500can $. Hes been dodging my msgs and always makes up excuses.

Any idea how I could proceed legally? I have snaps of the ad and the whole conservation with the seller since the beginning.

I will post the pictures later on




[/quote]
Old 06-21-2016 | 06:21 PM
  #6  
SamySnead's Avatar
Registered User
 
Joined: Jun 2014
Posts: 169
Likes: 3
From: NE Ohio
Default

I will get the word out locally about him. I believe I've seen him a few times at our local weekend car meets around the area. If I can help any way, let me know.
Old 06-22-2016 | 07:32 AM
  #7  
sam_spider's Avatar
Site Moderator
15 Year Member
 
Joined: Jul 2005
Posts: 49,017
Likes: 2,913
From: Michigan
Default

He is/was a member on here - https://www.s2ki.com/s2000/user/130350-james82986/

He never listed the car for sale on the forum, but he did advertise the wheels https://www.s2ki.com/s2000/topic/108...t__p__23200390

He's not been active on here since last March though.
Old 06-22-2016 | 08:46 AM
  #8  
Chuck S's Avatar
Member (Premium)
10 Year Member
 
Joined: Jul 2014
Posts: 12,917
Likes: 1,263
From: Chesterfield VA
Default

I doubt there is any legal recourse here. But if it's in the US the owner lives in Medina County, Ohio.

This transaction is a "poster child" of things one should NOT do when buying a car. Even discounting any import issues. Attempts to short-cut the process ended up biting.

-- Chuck
Old 06-22-2016 | 09:24 AM
  #9  
malin's Avatar
Thread Starter
Registered User
 
Joined: Jul 2009
Posts: 42
Likes: 0
Default

no shortcut were taking all paperwork was done correctly by me. He just **forgot** to send the rims and repay the shipping cost.
Old 06-22-2016 | 09:37 AM
  #10  
Chuck S's Avatar
Member (Premium)
10 Year Member
 
Joined: Jul 2014
Posts: 12,917
Likes: 1,263
From: Chesterfield VA
Default

Major shortcut taken in not driving to Ohio and inspecting and taking the car home. Trying to do it by remote control didn't work well. Probably would have been fine if it was in at Niagara as advertised. Alas, it wasn't. Not as bad as the guy who flew to California, inspected and bought a car, and neglected to take it with him relying on the seller to ship it for him.

Hope you can be made whole.

You gonna race this?

-- Chuck


Quick Reply: need help...



All times are GMT -8. The time now is 08:37 PM.