Liability on used car sale

Maintenance/Repairs
81

How are we taking advantage of society?

We are having a very hard time making ends meet due to this car case. This is going on now 2 1/2 years. We work very long hours when we work and we get very little pay for it. We cant find other work. We have no hope thigns are going to get better unless we sue in US District Court on the county; demand in our settlement that we are given new court hearings including the car case and win our case. This takes years. Do you know how many ADA attorneys there are in CO? Very few and there are alot of nonsense going on and been going on for many years.

We were just the victim in a case in Arapahoe county. We couldnt even get accomodation to testify at a hearing in which we were the victim due to the DA and the victim’s assistance office. and now you are going to tell us you dont beelive there are problems getting accomodation her due to our disability? This goes on all the time in the 18th despite federal law and an ADA coorindator for each judical district.

You say you know an excellent ADA attorney here. Why ask them about the ADA problems in CO? There are also few tdds here and in the middle of our court case on the car; what do you think breaks and we had no way to repalce it as its a $300 machine which we didnt have. The closest tdd when they have it is over a mile away one way whihc we used to walk just to use the phone. If that one is lost; which the store did lose it; the next one is 1 1 /2 miles one way walk.

We shouldnt have been taken advantage of this way and we deserved a fair verdict in a timely fashion just like any other person gets (except for the disabled in the 18th).

By the way; we have a very good case to sue both Arapahoe and Douglas county in US DC as we have written proof over the denial of accomodaiton and case after case in which we had hearings with out any accoomodaiton by numerous Judges including the judges and magistrate in the car case.

82

You say this has been going on 2 1/2 years now. Earlier you claimed this started in 2002 which is it?
Second you claimed you were represented in court by an attorney. Did you communicate with this attorney by writing on paper? Did the attorney communicate with the judge? What special services did you need exactly? I keep seeing in your post your request for sympathy, your request for help, You were born with a disibility so what so was I. Get over it and move on with your life. There are people worse off then you.
~Michael

83

But its true. The townhouse in Vail didnt sell until months after he sold the car to us and he was in arrears with a judgement against the condo ? to the tune of many thousands.

He then moves out of the house to downsize to a rented townhouse on a golf course in a gated commununity in Highlands Ranch. He has that rented out to pay off a mortgage and if we recall correctly a second as well.

His name is James R Martin; about 73 years old.

You can find all this out by making a few phone calls like we did to Eagle county assessors / Doug assesors / but you need to go in person to the DMV. The assessers records should be online too as well. We can even give you his address once we find our map book.

We have no reason to lie to you on this. This is going on now 5 years and until we get a fair settlement we are never going to get back on our feet again and we have no hope things are ever going to get better.

The only reason we have time to make all these posts is we just got back from 4 weeks of work in ID and we dont leave for MT for another 3 weeks or so.

84

The car was brought in May 2002 so this is going on since then.

Second we had no attorney in court. We couldnt afford one. The seller had his and made sure he dragged this out to harm us some more.

Third we are mute due to a car wreck over 10 years ago. We need specific equipment in the courtroom to conduct our own hearing. We need a laptop with a screen attached. We cant get that in the 18th usually since the Judges dont care if they abide by the ADA.

85

So its been going on for 5 years not 2 1/2. Seems like you are getting confused in your story. Regardless, you made a mistake 5 years ago you took it to court, the judge gave you a judgment let it die.
~Michael (dartman69)

86

You bought a car for a lousy 1600 bucks and figure you’ve lost 150k dollars because of it? You’re delusional. Very. Most 1600 cars do require a bit of work.

Assuming you’re even in the right, you’re entitled to 1600 bucks if you prevail, no more.

You stated previously you inspected this car, yet you could not find this alleged 3000 dollars+ of repair work you’ve had to do on it before you bought it?
YOU should have actually had this vehicle inspected and made sure the emissions paperwork was in order before buying the vehicle.
What’s wrong with telling the seller: “Get the emissions done and call us in a few days. We’ll be back with the money at that time”.
Hell no, you found a “deal” and haddahavitrightthen.

You stated you have (paraphrased); “20 years experience in CO buying and selling cars” and yet you waded into this one without taking anything into consideration.

You keep bringing up your tragedies in life about the ADA, being mute, can’t get around, yada, yada. That’s sad, but it’s not the seller’s responsibility.

I’ve had major knee surgery, 2 lower back surgeries, 2 neck surgeries, broken both feet, separated both the left elbow twice and the left shoulder twice also, broken nose twice, separated right hip, and may be facing surgery on both shoulders in the future along with possibly another operation on the mid-back and foot surgery in the future. There’s some minor stuff I’m sure that is being overlooked.
Since my last neck surgery was just a few months back and I was about half a micron away from being a quadraplegic living on a ventilator and feeding tube then it’s hard for me to dredge up sympathy for you. I’m motoring along without whining and doing pretty well. I won’t mention my irritating little aches and pains anymore as that is also irrelevant to any discussion.

87

AMEN OK4450:

88

I think that it is interesting that the discussion of the OP’s original point has been pre-empted by discussion of jmfay’s response. If I am not mistaken, jmfay is the same person who was on the border of hysterics last week because of a problem with a loose battery cable that cropped up after a visit to a Jiffy Lube in Idaho.

We all spent a lot of time trying to convince jmfay that, while Jiffy Lube is not recommended by any of the veterans on this board, JL was also not responsible for causing or for correcting the loose battery cable. Now, jmfay is taking up a huge amount of bandwidth with his/her rantings about being taken advantage of by Colorado emissions laws, being taken advantage of by the seller of a used car, being taken advantage of by the legal system, etc, etc. We are also being treated to a recitation of jmfay’s disability.

Where am I going with this? My point is that a person who seems to have this many problems with the rest of the world may have more problems than can be resolved in this forum and as a result, I suggest that we stop spending so much time on jmfay.

I am reminded of my favorite quotation from Abraham Lincoln, who said, “Most folks are about as happy as they have decided to be”.

(Just in case I have been logged out again, this is VDCdriver!)

89

Yup! Just as I suspected, I was logged out again. Even though I have checked the “keep me logged in” box, this new system does not seem to keep me logged in.

I guess that there are still some bugs to be resolved, but that is only a small inconvenience in order to be able to participate in some of the best discussion on the 'net.

90

You’re exactly right VDCdriver. It’s the same person who claimed they were damaged by one Jiffy Lube, said they were being overcharged at 35 bucks for an oil change, and raising all kinds of xxxx because another Jiffy Lube in another location would not apologize.

This person does not need a car; they need psychiatric help. And a lot of it.

91

I am with you two. I am all done with this user. I cannot help them.
~Michael

92

At last! I’m very surprised you all dragged this out for so long.

On another automotive site I frequent, we classify this type of person as a ‘troll’ and that usually ends the BS.

93

Are any of the last postings so perfect; that you never make a mistake?

This person’s car is used for work. They also lost alot of money over a stupid mistake on a car. They have a right to be a little paranoid when their car is not fixed correctly.

None of you have the right to be judge; jury and excutioner over a small error in judgement that got compounded due to other issues for this person. You have bitched this person out for too many postings.

94

Small error? Someone buys a 1600 dollar car as is, spends 375 on emissions repairs, and then sues the seller for 15 GRAND is a “small error”.

They also turn around and are classless enough to post the seller’s name on this board along with some personal financial info, which is no one else’s business and has zilch to do with the matter at hand.

Let me ask you this - Mr./Ms. Anonymous. If you sold a used car to someone and they turned around and sued you for 7 grand plus the first go around, 15 grand the second go around, and now claimed you owed them 150 grand, how would you feel? Your choices are:
A. Fight it tooth and nail to the Supreme Court
B. Offer them the purchase price back.
C. Offer the purchase price back with a few hundred extra for the inconvenience.
D. Give them the 7 grand, 15 grand, 150 grand, or whatever they claim it is on that particular day.
Select one and let me know.

It’s not hard to see through this. The seller has a 400k home so therefore he owes poor old us.

(Yes this is OK4450, logged out yet again by this new and improved worthless board, which replaced the old and not as worthless board.)

95

1.JMFay did state an attempt was made to resolve this but the seller in JMFAY’s words “dragged this out”
2.JMFAY never said the seller of the car owed JMFAY $150,000.
3.JMFAY did state a reasonable amount would have been $7500 or $15000 when JMFAY had to refile the case and wait longer to have the case heard.
4.JMFAY used the car for work. JMFAY spent so much on repairs; that there was no money to replace car until case was settled and this was 2 years later according to JMFAY.
5.JMFAY is permanently disabled. Permanently disabled people have a hard time finding work then most people. JMFAY needed a car to perform her work which according to JMFAY died long before this case was over. This caused JMFAY alot more problems.
6. As for being “crass” to post the seller’s name on the internet; this could have been done as you and others have bitched JMFAY out and called JMFAY a liar though we didnt find anything that JMFAY said was a lie.

Arent you being too hard on JMFAY?

96
  1. If you sold a vehicle for $1,600.00 and 5 months later the buyer came back screaming you owed them $5,000 what would you do?
  2. JMFAY did imply that they were out in excess of $150,000 and it was all the sellers fault.
  3. JMFAY paid $1600 for the car and $375.00 for emission repairs how is $7500 or $15,000 reasonable. The seller should not be held responsible do to the courts inability to meet the requirements of the plaintiff.
  4. JMFAY spent $375.00 on emission repairs. They also claim to have spent $3000 on other repairs to a $1,600 car. I don?t know about anyone else but I would not leave the city limits with a $1,600 car let alone drive all over the countryside. Also JMFAY has really never determined a time frame. It was somewhere between 2 ? and 5 years ago.
  5. Under the law I am permanently disabled as well. I have a ? diameter rod tied to my spine and all the vertebrae in my back are fused together. I can not stand for extended periods of time or sit for extended periods because my legs go numb. By the way I work everyday, earn more then enough to support my family of 5 with out any assistance and I don?t bitch about my condition to anyone.
  6. The seller of the car did not need to be mentioned for any reason. Reread JMFAY?s post about when this process started the length of time it has been going on and you will find at least one inconsistency.

No I don?t feel I was any harder on JMFAY then anyone else and I think if you truly want to speak your mind about the matter stop hiding under anonymous. Tell us who you are because I suspect you may be JMFAY.

~Michael

97

No, not at all. These are the same people who just a week or two ago were cursing Jiffy Lube. They claimed to be damaged by JL to the tune of 35 bucks and were raising xxxx with corp. HQs because ANOTHER JL franchise in a separate location would not “apologize” for the other. That sounds sane to you?

The fact they’re disabled and the seller may have assets they covet does not entitle them to anything more than the cost of the vehicle and the needed emissions repairs, and that’s IF they even had a case.

Their own words; the seller used a “loophole”. This means the seller was in the right legally. Correct?
They have also stated repeatedly that they’re “owed” or “due” ______ fill in the blank.

It’s regrettable that people have health problems but it’s hard to sympathize with whiners considering that in this thread I have posted a few problems of mine, clicked and pasted below.

I’ve had major knee surgery, 2 lower back surgeries, 2 neck surgeries, broken both feet, separated both the left elbow twice and the left shoulder twice also, broken nose twice, separated right hip, and may be facing surgery on both shoulders in the future along with possibly another operation on the mid-back and foot surgery in the future. There’s some minor stuff I’m sure that is being overlooked.
Since my last neck surgery was just a few months back and I was about half a micron away from being a quadraplegic living on a ventilator and feeding tube then it’s hard for me to feel sorry for you. I’m motoring along without whining and doing pretty well.

One month after my last neck surgery, and still wearing a neck brace, I drove a 24 foot U-Haul truck 600 miles to CO in one day (same area as these people) and helped my son (grad school) load and unload the entire stinking truck, sofas and all.

Considering my past, and present, health situation it’s real hard for me to dredge up sympathy here since I’ve lost count of the number of X-Rays, MRIs, operations, and needles stuck in me.

In the meantime, what’s your answer on the multiple choice question I asked? A, B, C, or D?

98

I am a former emissions inspector from Colorado…YOU are the one who is out $150,000, not me…

This whole episode could have been avoided had you simply informed the seller “I like your car, could you please get a new emissions inspection for me and I’ll write you a check”.

Licensed dealers MUST do this, private parties, as you found out, are almost impossible to collect damages from…

99

The real issue here is the emissions “test” requirement.
These “tests” accomplish NOTHING. The number of cars that fail the “test” is so low that forcing their owners to make repairs makes no difference in air quality. If these failed cars are tested again 30 days after they were “repaired” and passed, most of them fail again. In Colorado, the failure rate is between 3 & 4%. If these “high pollution cars” were taken off the road and scrapped, there would NO MEASURABLE DIFFERENCE in air quality, the stated reason for performing the “test”… The REAL smog belching vehicles, the Diesel powered ones, get a joke of a test called a “Tailpipe opacity test” in which they virtually ALL PASS…

The fact of the matter is, once air is pumped through an internal combustion engine, it’s never quite the same…

100

One thing that government regulations do accomplish, no matter if it’s automotive or anything else earth, is provide more tax money for the government to waste.

The politicians can then say “Nope, we ain’t raised taxes this year”, but they have indirectly through the parts and service chain.

Wonder how much extra tax revenue is generated each year in the state of CO due to emissions related repairs. Millions upon millions no doubt.

It’s as bad as that idiotic waste tire disposal fee. Sounds good on the surface but more than once in OK the people who were supposed to recycle these tires were in fact dumping them out in the country. In one spot they found 300,000 tires - business as usual continues.