I know cars are usually sold as-is but what if they were misrepresented either intentionally or overlooked?
Last August 2013 I bought a 70 resto-mod pro touring Cuda from out-of-state. Beautiful car, advertised as a nut-and-bolt rotisserie restoration finished in December 2012. Advertised as show quality paint, TKO 5-sp tranny, Wilwood brakes, etc etc. Spoke to the shop owner that built it, said his shop built it for a friend but the friend was getting a divorce and needed to sell the car so the shop owner was selling it for him. Again, said everything was new or rebuilt, nut and bolt rotisserie restoration, show quality paint, TKO tranny, Wilwood brakes, new interior, said perfect condition, no leaks. Went on about all the work they did, cars history, only the finest parts used. I had an independent inspection done (just a basic visual inspection, test drive and paint thickness test). Minor things were noted but shop owner agreed to fix most things.
I paid for the car via cashiers checks made out to the shop owner, and he sent me an e-mail bill of sale and got the title signed by his friend and sent me the title. Transporter picked up the car at his shop on a lift gate enclosed hauler about 10 days later and delivered it on the same hauler with no transfers or offloads. Car was beautiful but had a dead battery. Jumped it and drove it home, immediately noticed leaks from the tranny, oil pan, and rear end. Clutch also slipped and was hard to engage.
To make a long story short, the shop owner / builder told me to take it to a local shop he found to have the leaks and clutch fixed. The new shop found 35 issues with the car and said they didn't want to work on another builder's car with so many issues. I ended up taking it to another reputable street rod shop where they found the same issues and more. I kept in contact with the Cuda builder the whole time keeping him informed. The shop dissembled it to find the leaks and clutch issues and it ended up being a can of worms. Most issues were not visible until the car was taken apart.
Has several issues but the major ones were the tranny is NOT a TKO 5-sp as advertised, it's a stock Ford Mustang 5-sp Tremec tranny, not meant for the 440 big block power. I was told the TKO is a heavier duty tranny meant for big block power and the stock Tremec in it now wouldn't last long with the 440. Also had major clutch issues (geometry wrong with no adjustment left), rear end leaked from all the seals and gaskets onto the rear brakes and when disassembled, had a ton of red silicone everywhere obviously trying to stop the leaks. Modified bell housing, tranny mounts and clutch basket to try and make things fit but all wrong. Has aftermarket disc brakes, not the Wilwood brakes it was advertised with. Many more issues including bubbles between the paint and clear coat in 3 areas (advertised as show quality paint).
I have over 50 e-mails and 500 text between me and the builder with him initially agreeing to pay for repairs but as the total grew he is starting to back out. I told him the car was advertised with a TKO 5-speed tranny, Wilwood brakes and was advertised as a nut and bolt rotisserie restoration and I expected it to be delivered that way. He backpedaled saying he wasn't around his shop much during the build and trusted his guys. He said after I sent him all the pictures and documentation from the repair shops he fired 3 of his guys in the shop because that is not the quality of cars he puts out. He has always answered my text or phone calls but all I've gotten is false promises. He says the friend he built the car for got the money for the car so the issue is with him. I never dealt with the actual owner of the car, only the shop owner who built the car, advertised the car and sold me the car. The car I received was not in the condition as described in the original CL ad placed by the shop or described by the shop owner himself.
The visual inspection I had done at the builders shop before I bought it did not show any leaks or driving issues. I don't know if the car was taken on a damaging joy ride before it was picked up or if advertised parts were swapped out before I got it. Bottom line, do I have a leg to stand on because the car was advertised with specific brand name parts that were not on the car when I got it? I told the builder I'm not asking for all the problems to be fixed, just replace the misrepresented parts to what the car was advertised with.
The shop owner says his attorneys would chew up and spit out a lawsuit, but he is willing to help me out a little financially but it's nothing close to what I expect. Any attorneys on the forum here or anyone have a similar issue in the past? Like I said, I know cars are sold as-is but what about ones advertised with specific parts that were not on the car when delivered? These issues surfaced immediately, and I was in contact with the builder from day 1 and constant contact as the new issues came to light in the shop where it's been the last 4 months. I've been to the shop for them to show me the issues they found and I documented it all with photos which I sent the builder. Thanks in advance for any input.
