Used AS-IS Truck, Lemon Law/Fraud Case Help

Discussion in 'Ask An Owner Operator' started by ljesko13, Aug 30, 2021.

  1. ZVar

    ZVar Road Train Member

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    Not only that, but lemon laws only apply to new vehicles.
    The op might have a fraud case if they misrepresented the condition of the truck. That's if they did though. Simply not telling someone about a problem isn't fraud. What is fraud is if they lied about the truck.
    They claimed it had an overhaul, and it's obviously under warranty (even if it's from a crappy shop). The dealership is likely unable to be sued. The shop doing the overhaul is likely the one you need to sue, but it's doubtful to get any lost revenue. You did after all buy it sight unseen. Maybe next time you purchase a capitol investment for your company you might want to treat it as it is. A capitol investment and not some weekend hobby.

    And, of course, as always why are you asking a bunch of truckers and not an attorney?
     
    Last edited: Aug 31, 2021
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  3. Big Road Skateboard

    Big Road Skateboard Road Train Member

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    You bought a 99 379. One of likely the most hard ridden and put away wet vehicles on the used market.

    And what did the mechanic you hired to inspect it say about it's condition?
     
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  4. streetglider

    streetglider Medium Load Member

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    had a bud do the exact same thing, wanted a large car but couldn't afford one so he finds one several states away owned by a farmer who used it. it was 87 model I believe. so he goes to get it pays for it drives it home and washes it up real pretty gets it legal made two loads with it and its been in the shop ever since with the motor out and that has been like 2 years now. every thing in the book is wrong with it but hey he got his large car! so now he is a company driver.
     
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  5. Last Call

    Last Call Road Train Member

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    Pacific Trux .. is on my personal list of ... Stay away list .. it took me 2 airline tickets to Comiforna to figure that out ... still was cheaper than the rectal invasion they were gonna give me
    I learned if their lips are moving .. they are lie'n
     
  6. 201

    201 Road Train Member

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    Sigh, this plays out all across our ailing nation, buyer beware has never been more important. From strawberries to Peterbilts. I can't add much except, they asked for it, whether or not that was the intention. I've gotten in trouble with some loudmouths that claim now is the best time to be an O/O. Here you have someone, buying a 379, nice truck, it's always a crap shoot with a used truck,,and clearly wants to be an O/O( plus the fact it's posted here) with the truest of intentions, and right off the bat, they suffer a blow like this, and it hasn't even earned a buck yet. Pixx poor, and they may never recover. There's a lesson to be learned here, this person found out the hard way. You still want to be an O/O? Do your homework.
     
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  7. Ridgeline

    Ridgeline Road Train Member

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    Op, you have only one recourse and that is to sue them which has a very slim chance of winning.

    While people have poo pooed my position for every truck you are considering needs to have due diligence before purchasing.

    why don’t people get this is a tool, a complex tool and it needs to be checked first, without the emotion of it being something special or some weird desire to drive something many of us stayed away.

    for the op, it is a hard lesson, he needs to fix it and that’s going to take money.

    Fixing it will take a lot more money than doing a dyno, blowby, oil analysis for all fluids, and having an independent mechanic checking it out to find problems.
     
  8. 201

    201 Road Train Member

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    Because, all this shows, again, is how disconnected many have become in this situation. Seasoned drivers know what to look for, but in this internet world of buying something sight unseen, they had "F me" signs all over them. It's a shame,people have to find this out, EVEN WITH THE HELP THAT IS HERE, and again shows, the lack of interaction cost this person plenty, and the real kicker? It will happen again and again,,,and why these shysters are even in business at all. I've been out of the loop for a spell, but some things never change. Even I wouldn't buy a truck from "Pacific TRUX", heck, they can't even spell truck correctly,,,it's the same old thing, buy a cheap(er) truck for $25K, stick $20K into it for a $35K truck.
     
  9. Last Call

    Last Call Road Train Member

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    Those are the same loud mouths that seem to think these freight rates are gonna last for ever
    They also belive in Pixie dust and pink unicorns..
    I've read their posts here ...Iam gonna enjoy reading their posts down the road on here when their looking for FREE LEGAL ADVICE on here because their trucks and or trailers are getting repossessed.. and how their getting screwed
     
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  10. AModelCat

    AModelCat Road Train Member

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    Sold as-is, you're SOL.
     
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  11. 201

    201 Road Train Member

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    I know, let's not be so rough on them, even though, I totally agree with you. O/O's, and I can say from experience, think everybody is stupid except them. Even I thought I was big and mighty, until a union company job came along that paid TWICE what I was making as an O/O, WITH benefits, it was goodbye large car, hello daycab Freightliner.. I say this with some reservation, as O/O's represent the last true American examples of independence, but in this day and age, it's time has passed. In a couple more years of this baloney, there will be a glut of O/O trucks, eventually, as people, after their own misfortune, like this poor sap, and we've all been taken for a ride, maybe not to this extent, but people just won't go into buying their own.
     
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