On June 15th I purchased a 2002 Jaguar xk8 with 39,400 miles on it from Don Waisanen off of photos he sent from carbuychoice.com He said the car was in impeccable condition and did not disclose the car had been in a prior accident where car fax shows it was in an accident in 2004 in L.A. And was hit on the left fender. The MVC 999029993 says a dealer must disclose the accident if the accident causes more than $500.00 or 3% of the value.
I did not know of car fax and I was a single woman alone who trusted this man.
Upon delivery of the car to my home in Dana Point his sales manager, Chuck Ritzi, told me the car had never been in an accident. They had the top down so I couldn't notice all of the clanging and banging in the back and the dash vibrating.
One week after owning the car I took it in to my mechanic to see what all the issues were and they noticed the car's oil was filthy and the serpentine belt was badly frayed. I hired an attorney who asked for the service records from Big O since CBC said they had serviced it right before the sale. Those records were never sent to us.
I asked for my money back since they did not disclose the accident and they refused, saying the note was sold to the bank. We called the bank and found out the note had not yet been sold until one week after my attorney called. I also took it to a Jaguar service dealer and Rick Hatch said the issues on the car, broken top latches, vibating dash on the left side and the strutt and bush mounts needing to be replaced were most likely caused by the former accident. The cost of repairs on a car CBC said was in impeccable condition, $3,235.36.
I took them to small claims court and he purjured himself saying they disclose the entire history on each car they sell on their website. If you go to carbuychoice.com there are no cars sold on it directly and no car faxes to be found on any of their cars. Since I did not know of this since I did not purchase
my car from the internet but by photos he sent me. I did not ask the judge to look at the internet because this he threw in to the court to confuse the
case. She did not ask for proof of this disclosure and he had nothing in writing to show the judge. He said the car was in a minor accident and she asked for that proof but all he gave he was a car fax. If he had known of this fact why did he lie in the first place.
Don W. Handed the judge a form that says I signed an As Is and I never did, I signed a Warranty box. I believed he falsified a document. Since this was my first case, I was not too astute to Don W.'s ingenious manipulation of the facts and he brought a group of more than ten to intimidate me in the court parking lot from Riverside and I was rendered somewhat mute in court based on that nasty act. His wife also stared me down when I entered the court room.
I am in the process of vacating the judgement and have a lot of support from those who have said I had a slam dunk case. My attorney said it was a total miscarriage of justice based on the simple fact of non-disclosure or verbally lying that is was not in an accident. Chuck Ritzi purjured himself in court and said he did not remember telling me it was never in an accident at sale.
Here is the judgement:
Plaintiff has the burden of proving all the allegations of the complaint by a preponderence of admissable evidence. Based on the evidence presented to the Court, Plaintiff did not meet this burden re: any costs of repairs being incurred attributable to a prior undisclosed accident sufficient to void the "as is" terms of the sale.
This makes no sense since I didn't sign an As Is and I do have the Warranty form showing I did not mark that box. Also they, by law have to disclose the accident. I asked, he lied and then later says he disclosed it. I would never have purchased a convertible Jaguar if I had knowledge of the accident.
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