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Here is my dillemma...need legal advise pls!

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Old 14-May-2004, 03:53 AM
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Here is my dillemma...need legal advise pls!

I got a new set of rims for my car and brought my car to a car shop to have them mount and install the rims onto my car, upon taking out the front stock wheels (right side), the mechanic showed me a big hole in the part of the car's body frame and said that I need to get it fixed right away, my car is not road safe (wheel can come off anytime), and that I'm looking around $4000-5000 to get it fixed. I bought this car used less than 1 yr. ago and have since put in around 7,000km. Got it from a used car dealership and my mechanic suggested that I should inform MTO about improper practices by the dealer I bought it from (since there is no way it should have passed safety) and that somebody from MTO would go to their garage and inspect my car. If MTO determines that dealership should not have sold it to me in that condition, either they will have to pay to get my car fixed or file a lawsuit against them.


When I got the car, the used car dealership did all the paperwork and put the plates on my car but I went thru all the papers they gave me and I don't have a copy of the safety certificate, only the emissions test. The salesman did mention that the car was on a front-end accident (hit the right side which is where the frame damage is) but of course he did not show the frame damage to me, only the crack on the front bumper was visible. The car shop owner told me that as long as I can prove to them that the car was already in that condition when I bought it, I have a good chance of winning this and told me not to contact the dealership but go to MTO directly. What should I do? What legal actions can I take regarding this? I badly need a car for getting to work. This just goes to show how vital it is to get a car checked by a mechanic if you're buying used.

I am really desperate and cannot sleep over this (hence the time posting this thread)...Any info or suggestions would be appreciated...thanks!
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Old 14-May-2004, 04:09 AM
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Im pretty sure you can make the used car dealership pay for the damages because they are supposed to have the safety certificate. Im pretty sure thats the law when selling a used car. Not too sure though
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Old 14-May-2004, 07:22 AM
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the trouble is that its tough too prove that it was like that when you bought it, and how big is the whole? 4000 seems very pricey for what it sounds like has to be done
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Old 14-May-2004, 07:41 AM
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PM me I may be able to help you out.
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Old 14-May-2004, 09:31 AM
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Re: Here is my dillemma...need legal advise pls!

Originally posted by junglette1
I got a new set of rims for my car and brought my car to a car shop to have them mount and install the rims onto my car, upon taking out the front stock wheels (right side), the mechanic showed me a big hole in the part of the car's body frame and said that I need to get it fixed right away, my car is not road safe (wheel can come off anytime), and that I'm looking around $4000-5000 to get it fixed. I bought this car used less than 1 yr. ago and have since put in around 7,000km. Got it from a used car dealership and my mechanic suggested that I should inform MTO about improper practices by the dealer I bought it from (since there is no way it should have passed safety) and that somebody from MTO would go to their garage and inspect my car. If MTO determines that dealership should not have sold it to me in that condition, either they will have to pay to get my car fixed or file a lawsuit against them.


When I got the car, the used car dealership did all the paperwork and put the plates on my car but I went thru all the papers they gave me and I don't have a copy of the safety certificate, only the emissions test. The salesman did mention that the car was on a front-end accident (hit the right side which is where the frame damage is) but of course he did not show the frame damage to me, only the crack on the front bumper was visible. The car shop owner told me that as long as I can prove to them that the car was already in that condition when I bought it, I have a good chance of winning this and told me not to contact the dealership but go to MTO directly. What should I do? What legal actions can I take regarding this? I badly need a car for getting to work. This just goes to show how vital it is to get a car checked by a mechanic if you're buying used.

I am really desperate and cannot sleep over this (hence the time posting this thread)...Any info or suggestions would be appreciated...thanks!
Unforuinately I was in almost the same situation you were... same type of damage too... I did find out about 2 months after I had bought the car... I did get in touch with the MTO and someone even came out to look at the car....

He said that there wasn't much HE could do and my only recourse was to go to small claims court.. which I did... The end result? Well the final ruling was that safety's are only as good as the day they are issued... even though it was just shy of 2 months from when the safety was done there is a law (which the mechanic brought in) which basically said it only has to be good for x number of days after the safety.. I think it was 15... no longer than 30 though...

the short of it is your ***'d... sorry to say I took it as far as I could and nothing good came out of it other than a LOT of paper work and the money / time spend at the small claims court... Now you should just be deciding if it's worth the repairs or to cut your losses...
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Old 14-May-2004, 09:48 AM
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get a lawyer

a REAL laywer
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Old 14-May-2004, 10:31 AM
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Yeah, that's a crazy amount of money to get a hole fixed.
Anyways, good luck with it. I hope the guy who sold you the car has to pay for the damages.
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Old 14-May-2004, 10:58 AM
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yeah, i spoke to MTO just now and they said that they cannot do anything since they can only do inspection as far back as 6 months, and my car was bought 10 months ago. I'm **** out of luck. MTO said that I could seek a lawyer, but my chances of winning are slim since the salesman did inform me about the front-end accident (which would have been illegal if he disclosed that info) and that to win the case, I would have to prove that I did not cause the frame damage myself.

I dunno what to do at this point...I would have to shell out money out of my own pocket to fix this....any other suggestions? any good lawyers you folks can recommend?
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Old 14-May-2004, 11:33 AM
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Originally posted by JookSingKid
get a lawyer

a REAL laywer

Hello???


call a real lawyer, they won't charge you anything and they'll tell you how much of a leg you have to stand on.

most cases in this situation a lawyer will take the case and be paid on a percentage of the winnings...

you might even get a lawyer to write a legal letter

ask the seller what they would rather see, a letter asking to fix the damages or a personally injury suit.
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Old 14-May-2004, 10:55 PM
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Call Silverman helps.
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Old 15-May-2004, 12:19 AM
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Originally posted by JookSingKid
ask the seller what they would rather see, a letter asking to fix the damages or a personally injury suit.
JookSingKid makes a very good point here.... ask them if they'd rather be sued for personally injury that occured in an un safe car safety'd by them or if they would like a letter asking to fix the damages.....
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Old 15-May-2004, 01:02 AM
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sorry to hear about your situation hope everything goes in your favour cause i would be pissed if that happend to me..
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Old 15-May-2004, 09:07 AM
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Like stated above, don't talk to them personally and try to bargain with them. Get a lawyer to do it.
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Old 15-May-2004, 04:36 PM
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$4000-$5000?? write it off and get a new car
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Old 15-May-2004, 06:02 PM
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I ain't jumping to conclusions take a picture of this "hole" or PM me so that I can see it first hand.


Also if you want legal advise a car board such as this is not the place to get it. a lawyers office ussually is the place you want to go
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Old 16-May-2004, 10:37 PM
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Forget everything and bring it to me after all this longweekend rush ill fix ur baby up. in the mean time if u can get me some pix that way ill kno what to deal with when u come.
Nick
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