Re: [MBZ] Lawsuuit over a Mercedes

2008-05-18 Thread Donald Snook
Gerry wrote: In Florida older used cars will often have the words AS IS. in big letters on the cars window placard. Does this relieve the seller of the merchantibility requirement? I don't know about Florida, but Kansas says a car is sold by a dealer with an implied warranty of

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-18 Thread Hendrik Fay
We don't have a merchantability thingy as such but a dealer must ensure that the car is roadworthy. A while back there was a big stink over dealers selling bombs and the vehicle inspectors went into car yards and defected cars offered for sale, all of a sudden you saw a lot of cars in yards

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-18 Thread Tom Hargrave
] Lawsuuit over a Mercedes We don't have a merchantability thingy as such but a dealer must ensure that the car is roadworthy. A while back there was a big stink over dealers selling bombs and the vehicle inspectors went into car yards and defected cars offered for sale, all of a sudden you saw

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-17 Thread archer
Luther wrote: So what if the seller knows about the problem. It's not required that he disclose anything. WRONG! In Kansas, (and likely most other states) a dealer sells a car with an implied warranty of merchantability. Normally, I am on your side on this, Luther. I represent one of

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread Luther
So what if the seller knows about the problem. It's not required that he disclose anything. Caveat emptor! Where the hell did this go? OH yeah, right out the door when our litigious society decided that the consumer is always right and never can make a mistake (i.e. prime rate mortgage

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread dave walton
It's not required that he disclose anything. Perhaps that is why there are no used car dealers in heaven? -Dave Walton On Fri, May 16, 2008 at 2:10 PM, Luther [EMAIL PROTECTED] wrote: So what if the seller knows about the problem. It's not required that he disclose anything. Caveat emptor!

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread R A Bennell
PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Luther Sent: Friday, May 16, 2008 12:10 PM To: Mercedes Discussion List Subject: Re: [MBZ] Lawsuuit over a Mercedes So what if the seller knows about the problem. It's not required that he disclose anything. Caveat emptor! Where the hell did this go

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread Mitch Haley
R A Bennell wrote: I think one of the issues in the case at hand was that the vendor had represented the car as being very good. One would normally expect that to mean the A/C works on a newer model Mercedes, Who's to say it didn't at the time of sale? If he put stopleak and R134a it in 2003,

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread Donald Snook
Luther wrote: So what if the seller knows about the problem. It's not required that he disclose anything. WRONG! In Kansas, (and likely most other states) a dealer sells a car with an implied warranty of merchantability. Normally, I am on your side on this, Luther. I represent one of the

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread Mitch Haley
There was a case in Michigan where a buyer revoked acceptance of the vehicle when he discovered it to be unfit for his purposes. His work required him to drive through Detroit at night. He ordered a new station wagon with the special heavy duty tires. A day or two after delivery, he discovered

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread Kaleb C. Striplin
Well, laws are great, but it still boils down to people should be smart enough to know what they are buying. Donald Snook wrote: Luther wrote: So what if the seller knows about the problem. It's not required that he disclose anything. WRONG! In Kansas, (and likely most other states) a

Re: [MBZ] Lawsuuit over a Mercedes

2008-05-16 Thread Luther
The American people are lazy and dumb. F! 'em. Luther On Fri, 16 May 2008 14:54:23 -0500, Donald Snook [EMAIL PROTECTED] wrote: Luther wrote: So what if the seller knows about the problem. It's not required that he disclose anything. WRONG! In Kansas, (and likely most other states) a

[MBZ] Lawsuuit over a Mercedes

2008-05-15 Thread Wilton Strickland
Kaleb, I agree wholehearted about the 10-year-old car, buyer getting it checked, etc. My only point was to agree that seller knew about the prob. Yes, indeed, buyer needs to check it out for himself, but on the question, Did seller know about the prob? Yep. Wilton