Wanted - People Who Have Had Complications Importi

[Adam_RSX]

That would be Amadio you're talking about? Parents acted as guarantors to sons bank loans, he went under, bank wanted to take their house, they won because they showed they hadn't understood what they were signing.

Personally I can't see anything wrong with that R32, blemishes are noted and pictured, the surface rust in the spare wheel well is fine, easy repair. No boot lining and spare wheel... boo hoo

Its obviously ex-drift and any potential buyer can see thats its not in A1 condition, and nor is it represented to be in A1 condition.

There doesnt appear to be anything obvious that wouldnt allow it to drive well, . The bonnet does have a dent on the leading edge but the gaps on the sides are good. Not everyone gives a toss what their car looks like, I never wash my DR30 and I havent bothered to fix any blemishes because I just don't care. Up until it put a rock into the sump it drove nicely and thats all that matters, paint is only used on cars to stop the metal from rusting.

If you tidied it up a little that would be a piece of piss to register under the 15 year rule, if I had the money I'd have bought it

[cowie165]

Hi Adam. No, sorry, haven't heard of Amadio. The case I was talking about was just out of a book I've been reading

Interesting though. If I bought a car, turned up rusted or whatever, is it my fault for not asking the right questions or the seller's/agent's fault for not being upfront with the condition?

[abflug]

Hi Mark

How you going with the surprises we found in your car.

[Guest DIRTgarage]

Hi Mark

How you going with the surprises we found in your car.

<{POST_SNAPBACK}>

its sitting at the painters.....STILL

[cowie165]

Hi Chris, yep eleven weeks tomorrow.

The sills are nearly repaired. The painter has managed to repair one side rather than replace it. Turns out the right rear quarter was full of bog and is being replaced. Paint is going on today.

The drivers side b-pillar was thin enough (corroded) to put a screwdriver through it.

It is an expensive exercise. I just miss driving it.

Oh yeah, the transfer had the wrong fluid in it (can't remember, Paul might), causing the plates to slip and that leak was the rear gearbox seal. Plus there was the ATTESSA drama you fixed for me (cheers!). I'm fortunate I found Paul up here to help out with a few things, but now I'm moving to the Blue Mountains in Oct.

All in all, I'm enjoying fixing it up, just costing a lot more than I had expected. As long as the engine behaves itself, I'll stay happy

Have you submitted the Delica evidence? How are things going with the 15yr rule finishing up? Feel free to send a PM if you prefer.

[Ronin 09]

Hey mark, still at the shop huh?

Mine's in the thick of preparation for respray

let's see some pics when done

cheers, marcus

[cowie165]

Hey Marcus, yep I'll trade you pics for pic

I have a few progress shots, should post them tomorrow just for interests sake. I'm looking forward to seeing yours, how long to go?

[lwells]

Poor Mark. Its not been a pleasant experience. Hopefully everything comes together soon.

I don't personally see a huge issue with the R32 linked earlier: anyone with half a brain can see the car is in poor condition. The exterior give some clue as to the mechanical state the car may be in. Yes its misleading that the "supplier reports blahblahblah is good", particularly since the supplier is the god damn seller, but I guess its a case of buyer beware. I have a far greater issue with cars like Mark's where there is a fair degree of deception IMHO: i.e. where there are no obvious exterior and interior problems with the car, but a half decent examination reveals significant issues. In fairness to PM they aren't the supplier of the car, but some of the suppliers are quite well known. I was once told that J-Spec refused to deal with a certain supplier because of their previous history, but I see that they now list cars from that dealer on their website.

I will say this: I will never buy a car from a japanese car dealer. Auction yes, yard hell no.

[cowie165]

Blast! Can't find the PM agreement. That's frustrating.

If you intend to buy a house interstate through a real estate agent sure the pest inspection is your responsibility to request. You are carrying out your due diligence with respect to the purchase. That said, if the agent sent you photos and stated all appliances "run well" then you find out the ducted aircon doesn't work, who is responsible? I'd argue the agent is responsible as they have made a misrepresentation:

A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods... falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model - from the Trade Practices Act.

Don't get me wrong, I'm over it. Lesson learned. As Lucien said, caveat emptor.

sigsputnik: What are the implications of actual authority vs. apparent authority?

[sigsputnik]

>That said, I remember reading about a case where the plaintiff had signed a contract but the court ruled that as they did not understand what they were signing, the contract was void!

It's unclear exactly what's going on here, and I've never heard of the case per se. I can say that simply declaring that you don't understand a contract does not usually constitute sufficient grounds for annulment.

It's different if you can prove that the contract was misrepresented to you, and you signed in good faith, or that you were under some duress upon signature. Ordinarily, the judge will want to know why you didn't seek legal counsel to make the contract clearer.

Additionally, counsel might seek to determine whether or not you began performing your other duties under the contract. If you had, they could argue that you must have understood at least part of the contract in this case.

As I say, however, contract law is very sticky and I rarely get involved in it. If you want some interesting reading about how twisty it can be, have a look for Carlill v. Carbolic Smoke Ball Co. A classic case, and some interesting reading.

>I'd argue the agent is responsible as they have made a misrepresentation

Swell, Cowie, that's correct. Assuming this is your agent we are discussing, and you have given them the power to make decisions involving the appliances, and it is understood that those appliance problems are significant, then material misrepresentation has taken place.

However, what consitutes 'material'? This is an important aspect and it varies in definition and interpretation, however a simple test is if the issue or disclosure would influence or change the outcome of a decision made in light of the issue or disclosure.

Would the buyer of that R32 change their mind in light of this information? It is possible.

> sigsputnik: What are the implications of actual authority vs. apparent authority?

In what capacity?

Edited September 19, 2005 by sigsputnik

[Beer Baron]

mark you have not had much luck mate. your happy purchase has become a bit of a nightmare. man it will be so nice when it's done though

[t01-100]

Surely buying any car sight unseen, let alone sight unseen from another country is the most obvious case of buy beware.

Between a number of friends and I, we've bought no less than ten cars through Prestige Motorsport… Yeah there have been a couple of minor problems, but nothing we weren't told about before committing to purchase or that we could pick up on from the images.

[cowie165]

Hi Richard, cheers mate. I'm actually pretty happy at the moment. I know the ins and outs of the car now and I'm quite happy in knowing it is now rust-free, straight as an arrow, all blemishes are gone, and has new paint. Now....there is just that RB26 sized question mark....

Some guys spent deniros on big singles and AP calipers, I ended up spending it on bling. If I don't enter in the next SnS I'd be crazy! B)

t01-100: I'm not here to make up stories or bag anyone mate. I'll happily share my experience via PM and I understand I must be one of the exceptions otherwise Geoff would have trouble continuing to trade.

For reference only, this pic highlights what was clear to the naked eye. It is the end of the driver's side outer sill. As I said before, I don't know whether one party didn't disclose all relevant information or whether one party didn't ask the right questions. Meh, it's done now and there aint no going back!

And for Richard, dude once the car is sorted (a week maybe?) I'll post a >56k thread with a few progress shots.

Here's one. I'll save the better pics for the thread!

[t01-100]

cowie165 - Understand that mate

[sigsputnik]

cowie i'm very keen to see the progress shots and to get the whole story.

that first pic is heartbreaking.

[Beer Baron]

Yeah baby!! It's all happening. you will have to bring it down to sydney sometime soon mate

[cowie165]

I'm moving there for good in three weeks, yay.

And I'll find you Beer Baron....