don't get me wrong - I'm not sue-happy, the McDonald's case was absolutely ridiculous. What happened here is obvious, and a civil court jury would recognize it just as well as any of us.
This guy recognized that the vehicle had a problem, and instead of being open and honest about it, he concealed it, dumping it on an unsuspecting buyer. You know that's what happened, I know that's what happened. Forget about the lawsuit - this is fraud. It is a crime. You guys are defending criminal activity, and telling the victim not to report it, not to hold the criminal accountable. Are we clear on this?
I've bought vehicles with big problems that the previous owner should have told me about. Whatever - caveat emptor, the problem is now mine. I'm not going to sue the previous owner, even if the damn thing blows up on the first trip. But if he's lying to me, and not just ignoring serious problems but making an effort to hide them from me, I'm going to nail him to the wall, through whatever lawful means I have at my disposal.
Look at it this way: If the engine throws a rod three days after you buy it, is that the previous owner's fault? Probably not. But, if the previous owner hides an actual time bomb in the vehicle, set to go off 30 days after you take possession, and you don't discover it, is it your fault that your car exploded? At that point, is it "caveat emptor"? Of course not. Somewhere between these two cases is where the actual responsibility falls. On one side, we have a PO disguising damage, and on the other side, we have a new owner who did not consider that damage when making the decision to purchase. If she bought it sight unseen, the PO might have a case; if she did look it over, and failed to see the damage because the owner hid it, the PO bears a good portion of the culpability.
He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself. --Thomas Paine
We work together every damn day. --Jon Stewart
Any gas can be a knockout gas, when you wrap a steel cylinder around it and beat someone with it.
Low Output 4 Cylinder Jeep Club member #188
Last edited by rivalarrival; 03-07-2010 at 12:12 AM.