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Tuesday, February 18, 2014

The Collectable Car: How a Lifelong Dream Went Wrong

Our Client

We recently represented an man who had for years, dreamed of owning a particular 1967 model foreign import car. He had pursued this vehicle for over 10 years and was always unable to find one in decent condition. He had hopes of restoring the vehicle which would complete his small collection of imports. Our client was an "average", middle income guy and was very careful when purchasing collectable cars.

The Search is Finally Over

After years of searching, he finally found the car. In what appeared to be excellent condition and being sold through a reputable New Jersey car dealership. Our client asked for the papers and did some checking into the vehicle's history. Overall the vehicle was clean. In fact, the dealership told our client that the car was owned by a collector who passed away and was being sold to the dealership because the estate needed to liquidate some assets. Our client's search was finally over. He purchased the car and paid a good deal of money to have it shipped to his home in Connecticut.

Too Good to Be True

One week after the car was delivered our client began to notice a number of problems. Things started going wrong that should not have been going wrong based upon the car's history. Within two weeks the car died and became an overpriced lawn ornament.

Our client went back to the dealer and complained. The dealer told him that any damage that occurred was a result o this carelessness. They even threatened to sue him if he continued to "harass" them.

Uncovering the Truth

Our firm was hired to file a lawsuit. We quickly learned that the vehicle had in fact been owned by a deceased collector. We also learned that its odometer had been tampered with and that it was badly damaged during Hurricane Sandy. Finally, we learned that the estate's executor ha disclosed the condition of the car to the dealer when he sold it to them.  By the way, the car was sold to the dealer for $500.  It was resold to our client for $15,000.

Justice is Served

Fortunately, after six months of litigation we were abel to recover the full purchase price, plus a little extra because the dealer was afraid that we would be successful at trial on our consumer fraud claim.
While our client is still searching for the final piece to his collection, he can rest easy knowing that justice was served.

This case was handled by Peter J. Lamont, Esq.

If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

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