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Did a picture of the egregious spring make it to the Internet yet? Or at least here on the BB??
Here you go..... from a bunch of photos earlier in the thread.....
 

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Yup. Won’t lie to anyone. I just plain forgot that I saw the pic. Ugh, aging sucks 😳😭😭
 

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I'd like to know if it was broken because it failed or was it cut to make the car sit level.
 

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Discussion Starter #204
I'd like to know if it was broken because it failed or was it cut to make the car sit level.
looking at the interface of where the spring is broken, it is conical, not a shape I would expect if it was cut. My guess is that the rubber sleeve around the spring held moisture leading to the failure.
 

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Discussion Starter #205
It would be sweet to see someone somewhere finally get what they deserve! Good luck!!!!!!
I dont know what to expect. I would be happy to get out of this quickly with all or most of money back. I am slightly optimistic as the lawyer did not hesitate to take the case even though he will only get paid in case of a settlement.
 

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I dont know what to expect. I would be happy to get out of this quickly with all or most of money back. I am slightly optimistic as the lawyer did not hesitate to take the case even though he will only get paid in case of a settlement.
If you attorney took it on a contingency-only basis ..it is probably a slam dunk... remember what I mentioned in the thread above, non-economic opens a lot of possibilities .. :wink2:
 

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Discussion Starter #207
The attorney sent a letter to BHCC early last week. After receipt, they have 30 days to reply and this is just the first step. This is going to be a slow process....
 

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BHCC sells tired beaten up cars that are falling apart. And their asking prices are much higher than the car is worth. They provide extensive photos on all their cars and the photos are highly illustrative of all the warts on a car. They also provide very optimistic sales description. What Mr. Evermore bought was a highly overpriced piece of junk. Not even enough good parts to be a parts car. But I don't see that BHCC has done anything worse than take advantage of a buyer's ignorance about the product. They are not priests. They don't run a non-profit charity for orphaned cars. Reading this entire thread one can only remember the age old saying, "let the buyer beware"...a saying Mr. Evermore ignored to his displeasure. His only honorable way out of the mess is to learn auto mechanics and dedicate the next ten years to rebuilding the car using sweat and second hand parts. He will then have a $25,000 GTV. No more and no less. But to try and screw someone the way he screwed himself is not honorable. Of course he can also sell the car for the $5000 it is actually worth and buy a tired Spider and get on with his life.
 

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Discussion Starter #209
update: this takes a long time...

If you are ever in a position where you have to pursue the legal path, it's important to understand that this likely a very lengthy process. Here is what has happened so far and likely timeline:

1. BHCC was served papers in early May
2. After the date of receipt, they have 30 days to respond (they briefly contacted the lawyer to tell him to piss up a pole)
3. This period is up now and they failed to properly respond so the next step is to file a suit.
4. Filing the suit usually takes a few weeks, say another 30 days.
5. Once filed, they have another 30 days to respond. So we do not expect an answer or any solution for another 2 months at the earliest.
6. Going to trial would rather suck: In LA county, the backlog is huge and a likely trial date right now would not be until November 2019!
7. Given the likely outcome and faced with a large retainer for a lawyer, they hopefully settle much earlier.

Anyhow, expect at least 4 months for something like this but can be 2 years!



In the meantime, according to the lawyer, it is reasonable to make repairs to the vehicle to make it driveable and those can be charged as part of the settlement. Not routine maintenance (oil changes, brake pads) or upgrades (new shocks!) but definitely replace the broken spring or anything else to make the car safe to drive. So since it will take up space in my garage for quite a while longer, I'll replace the spring in the next few weeks.
 

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I'm sure your lawyer is the salt of the earth, but I would hate to see his bill after four months, let alone two years. And when you get your case before a judge, he can look at it and decide it has no merit and throw it out. At which point you will be back to ground zero...but now with two strikes against you. The money you are spending going to court would be better spent being put into the car. In the end you will be able to drive it and enjoy it...just not at the cost you originally imagined.
 

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Discussion Starter #211
I'm sure your lawyer is the salt of the earth, but I would hate to see his bill after four months, let alone two years. And when you get your case before a judge, he can look at it and decide it has no merit and throw it out. At which point you will be back to ground zero...but now with two strikes against you. The money you are spending going to court would be better spent being put into the car. In the end you will be able to drive it and enjoy it...just not at the cost you originally imagined.
The lawyer took the case on a contingency fee basis so even in the worst case scenario, no settlement, no cost to me.

As for saving the car, the only path would be a full strip down, frame repair, respray, etc so that's at least $40k? It might be worth it but that's not the project I wanted to do.
 

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As mentioned previously if you were going to seek legal remedy you might have tried the small claims court first and only involve a lawyer if he was willing to do it on a contingency basis.
 

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Evermore, (maybe switch handle to NeverAgain? ;-)

A friend of mine had his 356 repair butchered and sued the bodyshop. It was a slam dunk too. lawyer only pays himself on proceeds, sounds good...

He won (despite almost getting in jail for contempt of court when he got in it with the judge). I think his winnings were around $10K. After paying his lawyer who was cheap, plus all travel and whatever lawyers itemize for, I think he's negative $5000. How does that happen, right ? And 2 years of stress... And almost going to jail for not being respectful enough to a clueless judge... some win huh ?

You shouldn't have bought from BHCC, think of it as education. I'm sorry we failed you or that you did not post about you looking at a BHCC car earlier, whatever the case was, but at this point you are undoubtedly throwing good money after bad unless it's now personal and your mission in life to make them suffer.

Talking about throwing good money after bad, get a pro to look at the car and decide if it's even worth restoring or should be thrown away for parts and get $back. Motor, trim, interior this stuff is $$$... Anything can be fixed, not anything should, financially speaking. I once told you in this thread I was in this situation (better car than yours, was sound at least) I sold the car for parts because I could not stand the sight of it anymore, a permanent reminder I got F$%$ed ! In your case I would do some quick math and probably take a welding class and call it a fun educational project. Or part it out and move on. You're hurting yourself with the suit, but I respect that if it's personal, they are what other dealers refer to as pond scum... Don't compound your mistake, do some math and decide, the forum will help either way. One day this could be the best back from the dead thread ;-)
 

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@Deschodt

Agree 100% with your thinking, with the exception of the way one files a motion ...If the Lawyer was clever enough, citing.. Economic, Punitive, and Noneconomic damages it does open a lot of possibilities. Notwithstanding one does need judicial temperament when addressing the "bench" no matter how stupid they are...

I've been down this road before..
 

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If the OP cuts his losses, gets whatever he can for the car and moves on, it will all be behind him and he can look forward to making wiser decisions on his next car. If he wants to make BHCC pay for his own lack of due diligence, he is taking a journey that will only keep the wound open and never give him satisfaction.
 

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File the suit and wait for the response then decide the next steps in the mean time don't touch the car. I once purchased a "rust free" car from a CA dealer that was anything but. It took six months and cost me $3k to get them to take it back and I considered myself lucky as I would have lost a lot more if I sold it having to disclose the condition.

Good Luck
Joe
 

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Discussion Starter #217
Evermore, (maybe switch handle to NeverAgain? ;-)

A friend of mine had his 356 repair butchered and sued the bodyshop. It was a slam dunk too. lawyer only pays himself on proceeds, sounds good...

He won (despite almost getting in jail for contempt of court when he got in it with the judge). I think his winnings were around $10K. After paying his lawyer who was cheap, plus all travel and whatever lawyers itemize for, I think he's negative $5000. How does that happen, right ? And 2 years of stress... And almost going to jail for not being respectful enough to a clueless judge... some win huh ?

You shouldn't have bought from BHCC, think of it as education. I'm sorry we failed you or that you did not post about you looking at a BHCC car earlier, whatever the case was, but at this point you are undoubtedly throwing good money after bad unless it's now personal and your mission in life to make them suffer.

Talking about throwing good money after bad, get a pro to look at the car and decide if it's even worth restoring or should be thrown away for parts and get $back. Motor, trim, interior this stuff is $$$... Anything can be fixed, not anything should, financially speaking. I once told you in this thread I was in this situation (better car than yours, was sound at least) I sold the car for parts because I could not stand the sight of it anymore, a permanent reminder I got F$%$ed ! In your case I would do some quick math and probably take a welding class and call it a fun educational project. Or part it out and move on. You're hurting yourself with the suit, but I respect that if it's personal, they are what other dealers refer to as pond scum... Don't compound your mistake, do some math and decide, the forum will help either way. One day this could be the best back from the dead thread ;-)
- No one's fault on this board, I found the relevant articles too late and assumed BHCC was accurate in their descriptions on the vehicle.
- BHCC is surely at fault, hopefully not just morally but legally too.
- There is a lot of speculation on how this will turn out, will I get my money back after lawyer's fees, or like your unfortunate friend, be still in a big hole afterwards. I think there is only one way to find out and I am willing to see it through. I think regardless, we will all learn something from this case once it wraps up. Actual data versus supposition!
- As for whether the car is save-able, it might be. I am convinced though that any straightening will compromise the heavily bondo'd front panels so a full strip down and repaint would be the way to go then. Maybe it's worth it but it's also a huge investment ($40k minimum and 2 years?), one I am not willing to make.
 

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Discussion Starter #218 (Edited)
If the OP cuts his losses, gets whatever he can for the car and moves on, it will all be behind him and he can look forward to making wiser decisions on his next car. If he wants to make BHCC pay for his own lack of due diligence, he is taking a journey that will only keep the wound open and never give him satisfaction.
I disagree. A seller does have a responsibility. You are NOT allowed to lie and make false statements, it renders a sales agreement null and void. This is not the wild west anymore. Obviously, I am gambling I am right ;)
 

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... he is taking a journey that will only keep the wound open and never give him satisfaction.
No offence, but you can't judge that (the satisfaction part), nor can I. Only the OP can judge wether it's worth it, admittedly when it's all over, but still.

If the OP feels he wants/has to follow through, it's what he should do. He only has the chance now, otherwise he might look back and think I should have, when I had the chance (and either won or lost, but that's not my point).
 

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Isn't the problem with all of this that the car was a very poor example which was obvious from the most cursory examination of it? The seller didn't make the buyer buy it. The fact that it might have had a broken rear spring (the very least of its problems) seems to me to be irrelevant. What is truly wrong with it is obvious even from photos of it. The seller has generic descriptions of the dogs it sells with photos - warts and all. It would be a bizarre legal system that found any great fault with selling the worst examples of cars with photos showing just how bad they are.

I don't mean that I don't feel sorry for someone who buys one but I can't see how it is anyone else's fault. Why would anyone but a 40 year old car of a make they no nothing about without getting someone who does know something about it to have a look. If that had happened here, it would take less than a minute of looking at the car to reach the conclusion that the only sensible thing to do was run away.
 
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