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Public Negotiation

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FRAUD BY USED CAR DEALER

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FAQ

Plaintiff

i WENT TO LOOK AT A USED CAR FOR SALE, 2003 HONDA CIVIC AND i LOOKED AT A MUSTANG. I thought the mustang was over heating and the mechanic came over and told me it was not. I asked the mechanic what car was the best car to buy and he stated I would buy the HONDA it is a better car with a stronger engine and transmission.

The owner RAUL COLON stated the car needed breaks and he would not fix them before I was to take the car home, we looked up the price for the breaks and it was 65.oo and my son could fix it. We drove 5 min down the street the breaks let go we had to pull over because we almost crashed the car and then the motor began to smoke. I had to have the car picked up because RAUL Colon was called and he told me to bad it is a 'AS IS ' sell. I told Raul he lied and misrepresented the car as a working car with a a strong engine when in fact it had a blown motor. I tried to call him and his brother to resolve this matter and he stated he knows the law and he does not owe me anything. I never gave him any information that the car was insured so we also drove the car without insurance. He is refusing to give my money back for registration fees and tax and plate even though I never placed the car on my insurance nor was the car ever registered in my name.

vs.

COLON BROTHERS AUTO SALES 2669 N ORANGE BLOSSOM TRAIL KISSIMMEE FL 34744

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Plaintiff seeking

I want all of my money back 1600 , or I want a car that runs, or I want him to fix the car to run like he said it did before I purchased it.

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[-][+]My resolution
6 years ago

Laurie F. (Advocate for Plaintiff)

This mechanic should make a "good faith" repair on the vehicle or exchange it for another vehicle. But seeing how this mechanic has established he is untrustworthy and dishonest, he should refund the plaintiffs money.

If this person decided to go to small claims court, the plaintiff could sue for more then the amount paid due to how he used his influence on the statements made and how he misrepresented the facts of the car in question.

Since he stood behind his "assessment" on which car was better, he used his profession to take advantage of someone without the same expertise in this issue.

[-][+]My resolution
6 years ago

Laurie F. (Advocate for Plaintiff)

This case is a case built on the dishonesty of a mechanic that decided that the law of "as is" on car sale is something that would protect him.

This mechanic already admitted that the car had bad breaks, he should have been more upfront in the sale of this Honda.

The law behind the "as is" for implied warranties or any warranty has no bearing on the fact that this "mechanic" sold a car with a bad engine and known safety issues.

This "mechanic" used his status to sell a car with bad breaks, refused to fix it and misrepresented the fact of the engine being "stronger, better" then a mustang. I am sure he knew there was engine issues and misrepresented the fact the engine was better on the Honda then the mustang.

This mechanic committed fraud when he misstated the engine power to a prospective buyers without disclosing the actual problems. This mechanic used the "as is" to have responsibility for the cars issues that he had prior knowledge about, this mechanic committed fraud on this sale.

This mechanic decided he did not need to disclose any issues with this vehicle to the buyer, allowed a car to drive off the property without proper breaks that are a safety issue and committed fraud thinking the states "as is" laws would protect him.
Once he made misrepresentation of the fact of the vehicles condition he committed fraud, he used his experience and status as a mechanic to cheat someone about the drivability of the car knowing he was making a false statement to someone with out the experience or knowledge to question his assessment of the vehicle he sold.
By using this factors and you as a buyer relying on that experience of his profession in fixing cars and knowledge of what could and could not be wrong he used that undue influence to make statements concerning the vehicle in question.
In this society, we as consumers trust people such as mechanics to be honest and forthwith on cars. By this seller being a mechanic, he had influence on the sale of this vehicle

[-][+]My resolution
7 years ago

Jessica L. (Neutral)

Questions that would help:
1. Who holds the title?
2. What state is this in?
3. What form of payment did you use--cash, check, credit, etc.?

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Plaintiff's claim

To be Negotiated

Estimated $ value sought

honda

$1,600.00

Cash total : $1,600.00

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PeopleClaim is a pre-litigation negotiation platform that allows parties to combine claims against counterparties in order to negotiate group or individual settlements that avoid litigation, increase recovery amounts, and settle cases more constructively. The process does not requre a lawyer or legal representation and does not carry the force of law. Read more...

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