Scorpion1110

It will be really unfortunate when he takes you to Court for misrepresentation. And my HOSTILE friend, his chances of beating you are extremely high- It just depends on how motivated and committed he is.

Here is the legal definition of misrepresentation:

Misrepresentation

An assertion or manifestation by words or conduct that is not in accord with the facts.

Misrepresentation is a tort, or a civil wrong. This means that a misrepresentation can create civil liability if it results in a pecuniary loss. For example, assume that a real estate speculator owns swampland but advertises it as valuable commercially zoned land. This is a misrepresentation. If someone buys the land relying on the speculator's statement that it is commercially valuable, the buyer may sue the speculator for monetary losses resulting from the purchase.

To create liability for the maker of the statement, a misrepresentation must be relied on by the listener or reader. Also, the speaker must know that the listener is relying on the factual correctness of the statement. Finally, the listener's reliance on the statement must have been reasonable and justified, and the misrepresentation must have resulted in a pecuniary loss to the listener.

A misrepresentation need not be intentionally false to create liability. A statement made with conscious ignorance or a reckless disregard for the truth can create liability. Nondisclosure of material or important facts by a fiduciary or an expert, such as a doctor, lawyer, or accountant, can result in liability. If the speaker is engaged in the business of selling products, any statement, no matter how innocent, may create liability if the statement concerns the character or quality of a product and the statement is not true. In such a case, the statement must be one of fact. This does not include so-called puffing, or the glowing opinions of a seller in the course of a sales pitch (such statements as "you'll love this car," or "it's a great deal").

A misrepresentation in a contract can give a party the right to rescind the contract. A Rescission of a contract returns the parties to the positions they held before the contract was made. A party can rescind a contract for misrepresentation only if the statement was material, or critical, to the agreement.

A misrepresentation on the part of the insured in an insurance policy can give the insurer the right to cancel the policy or refuse a claim. An insurer may do this only if the misrepresentation was material to the risk insured against and would have influenced the insurer in determining whether to issue a policy. For example, if a person seeking auto insurance states that she has no major chronic illnesses, the insurer's subsequent discovery that the applicant had an incurable disease at the time she completed the insurance form probably will not give the insurer the right to cancel the auto policy. However, if the person was seeking Health Insurance, such a misrepresentation may justify cancellation of the policy or a denial of coverage. Generally, cancellation or denial of insurance coverage for a misrepresentation can occur only if the insurance applicant was aware of the inaccuracy of the statement.

He has got you on paragrah four Hostile. If it were me; you would already be served and would be preparing your travel to my home state. Why? because you do business in my state as you are an Internet advertsier, thus I make the case you are at minimum a sole proprietor and conducting business in MD. And by doing so I can reasonably argue that you are able to be sued in my state. (State case law supports this)

Go get him Macgyver.

Scorp

Scooterz

Yep, now we will STAMP what you said... your words say it all.

macgyver

i will try to put the e-mails back and forth tonite. he told me everything was brand new. the heads are 20 years old,the only thing they are good for is a boat anchor.he told me everything in the motor was new,and that it had all arp bolts. the rods have what looks to be all new arp bolts.the motor is full of miss matched bolts half rounded off.nothing in the motor is new but the rod bolts.this thing was built out of junk yard crap.i cant see telling a flat out lie.he is going to get a visit and some mail.its all in the works,along with gimpy's garage. we are all in this hobby to have fun.this was going to be a positive project for me and my handy cap son. THANKS A LOT JAMES HAMMOND,CON ARTIST SCUM BAG.I HOPE YOUR 67 FIREBIRD BURNS TO THE GROUND WITH YOU IN IT.YOU SILK PANNY MF .HAVE A SET OF BALLS AND STAND UP AND DUE WHAT IT RIGHT.

Tod74

You need to do as the LORD says and "turn the other cheek"

It might make you feel better if you Pray for him.Seems to work for this guy.


http://www.youtube.com/watch?v=atBg9zLI2bA

macgyver

if any one wants to read the e-mails,pm me you e-mail address.i cant seem to paste them.

Tod74

Should be able to Just hold your left mouse button down and highlight all the text, then right click the mouse and click copy, then come here and click reply, and when the box opens up to type just right click the mouse in the blank area and hit paste.

macgyver

i am sorry this turns out to be the case darren i told you what i was told. engine was completely built by bender machine shop in newville pa. i do not have that kind of money as i paid bills with what i received from you. there were no guarantees or warranties implied. do what you feel you need to do. once again i am sorry this is the case

--- On Mon, 7/19/10, [email protected] <[email protected]> wrote:

From: [email protected] <[email protected]>
Subject: 383
To: "Hammond, James" <[email protected]>
Cc: "Mr.T Layton" <[email protected]>
Date: Monday, July 19, 2010, 11:20 PM

James , The bottom end of the motor I bought from you that was on racing junk . com does not have a full eagle forged assembly as stated in you description. You also you told me every part in the engine is new,this is not the case either. You told Me the motor was put together with all ARP bolts.It is not. You told Me the heads are brand new AFR competition eliminator heads.They are not. The walls of the cylinders are severely scored. 3 of the rocker arms are damaged. The cam looks like it was improperly broke in. The holes in the fly wheel where the torque converter bolts to the fly wheel are out of round. Many of the bolts in the engine are rounded off. Most of the holes in the heads are either stripped out or have bolts snapped off in them. The ends of the connecting rods are a blue purple color. There were metal fragments in the motor. Also the motor had some kind of very thick oil additive in it .This is by far a unprofessionally built motor. I asked you several times if there was anything wrong or needed that I should Know.You said that everything is fine. I am giving you a chance to make good on this or refund my money before I take further action. I have not run this engine,all i have done is put it on my engine stand and pulled the valve covers and oil pan that has a flapping windage pan in it. I am more than likely going to take it to a professional engine builder for disassembly and diagnosis. Kindly respond with Your intensions on how you are to resolve this issue. I would like to be reimbursed My 4500 dollars and in return you can have the motor back. Failure to respond will result in further action being taken. I can be contacted at 1-609-680-6145. I thank you for your cooperation in advance.
Darren.

Tod74

You need to take out a loan and buy this thing back. It doesn't matter what you were told, all that matters is what you advertyised and sold.

Scorpion1110

Do a search on Bender machine and let them know what Hostile said. Also let them know that you are going to share the condition of this engine at every racing website you can find with the tagline from Hostile.

If they are reputable then the two of you can go after him together.

And I would indeed go after him for recovery and legal fees based on misrepresentation of goods.

Scorp

Scooterz

Mr. Hammond:

"This is the case" on the motor you sold that you were responsible for. The past owner has no responsibility in this equation. Unfortunately for you, it does not add up to to even a weak excuse. You made an error & you are responsible to correct it. Make no mistake, this is on your shoulders to work it out... not the buyer. In this case, I believe he WILL sue you & the consequences will get much worse. if you are banking on him dropping this, you are probably going to loose worse.

Then there is a moral obligation... the fact that you screwed him... inadvertently or not... you screwed him. "I am sorry" is not going to make him feel better. You will reap what you sow brutha. JMO.