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You know . . . the whole thing here is starting to a real "unknown.” Many of the solutions presented here, though valid, assume the will be defendant, is going to play fair even if he can legally escape liability.
What I am now discovering or at least have been led to believe is . . . this Dealerships owner, even if he has or has not SOLD the business at a particular given point, cannot escape liability DUE to the fact that the continual act of selling the business is either a marketing ploy, or simply done so fraudulently to escape debt as it appears.
It's almost like the business that files a chapter 11 bankruptcy to relinquish his debt liability, cannot escape the liability if it was done so fraudulently. Ten years ago a woman tricked me out of a sum of money to which I gave her and she never gave me what I paid for. I sued her in small claims ct for 5k and transcribed the judgment into circuit court effectively putting a lien on her house. I additionally told her that if she didn't pay I would initiate even further legal remedies available to me. One week later I received a letter from her Attorney stating that his client was going to File Bankruptcy which would void her debt to me. I wrote the attorney back stating that one cannot discharge a debt in bankruptcy IF the debt was acquired through fraudulent means. One week later his firm sent me a check for 5k.
What happened to me with this dealership is NO different but I suppose I still don't quite understand the liability escape purported by GM.
Many forum members here have given you very good advice. One item that I believe that has not been mentioned yet is contacting the Chevy dealer's parent company. Each and every dealer has to answer to a "higher authority." I would immediately send them a certified letter advising what has happened with this dealer and what steps you will be taking if the repairs aren't made to your satisfaction. Send a copy to the Chevy dealer so they know you're not playing any longer.
You can always sue, and you probably will win, but that should be a last resort. The lawyers are always the winners in those situations. If the dealer wants, they can drag it out for years. If a letter to the parent company or to the local news crew can get quicker results, why not go that route?
I recently had a similar problem. I had work performed on my 85 Vette to the tune of $2,800. The work was done very unprofessionally and had to be redone. I asked for my money back and was rebuffed. I sent a certified letter advising that I would sue if my money wasn't returned. In this letter, I explicitly listed in detail what was wrong with their work, what had to be done to correct their work and why I should be refunded. It was a long four page letter, but it basically painted them into a corner and put them in a bad light if this had to go to court. The following week, they returned my money in full.
From: Bergen County, NJ Democrats, doing for the country what they did for Michigan
Originally Posted by satansvette
What I am now discovering or at least have been led to believe is . . . this Dealerships owner, even if he has or has not SOLD the business at a particular given point, cannot escape liability DUE to the fact that the continual act of selling the business is either a marketing ploy, or simply done so fraudulently to escape debt as it appears.
When a business is sold, the new owner picks up not only the assetts, but the liability. If he purchased 100K worth of parts from GM, sold the business before they are paid, the new owner carries that debt. The debt belongs to the BUSINESS. Which, acts as a separate entity.
Ask a lawyer how this relates to your situation. I have a lawyer friend who does exactly this, I'll ask him.
I'm watching htis thread..
It seems to me that the lawyer you consulted can help you if you provide him with the information he needs etc etc.
You need to stop thinking about your car and go for blood. You need to let your hate consume you, you need to feel your anger. The Dark Side of the force is needed here. Don't just get mad.. get even.
I'm watching htis thread..
It seems to me that the lawyer you consulted can help you if you provide him with the information he needs etc etc.
You need to stop thinking about your car and go for blood. You need to let your hate consume you, you need to feel your anger. The Dark Side of the force is needed here. Don't just get mad.. get even.
-W
We should change the name from C4 Gen to C4 Resurrection
When a business is sold, the new owner picks up not only the assetts, but the liability. If he purchased 100K worth of parts from GM, sold the business before they are paid, the new owner carries that debt. The debt belongs to the BUSINESS. Which, acts as a separate entity.
Ask a lawyer how this relates to your situation. I have a lawyer friend who does exactly this, I'll ask him.
Hey I was thinking the same thing. It doesn't matter if the business changed hands because it's still the same business, therefore the new owners are liable.
Another thing you need to consider. Not having the original, numbers matching engine and heads diminishes the value of the car if it's in original condition.
Also your lawyer said go ahead and make the necessary repairs but how do you do that without the right motor? Make sure he understands the motor they put in WON"T work if it's not matched to your engine electronics.