This person took my money and never delivered a thing. He repeatedly made false statements about his progress on the vehicle, including:
"I got the side stickers, off, that was one tough job to get done."
"I got the battery tray installed."
"I'm gonna' do you a SUPER job"
"The weather has been so bad, that I just can't get enough good weather to get it painted."
"The paint bubbled for some reason and we're taking it down to the metal to start over"
"I'm promising you, that if you'll do me this favor of letting me pickup these other cars this week, then in just two weeks I'll have it delivered to you at my cost."
Mr. Caplan had purchased a Porsche 914 several years ago and restoration steps began on that vehicle. The engine in that car was OK and so was the interior. During disassembly, rust was discovered in several areas. Based on time constraints and costs for parts and paint, it was decided to look for a straight and rust free vehicle that needed a motor, perhaps an interior and perhaps some paint work. On-line sources were used to search for such a vehicle. That search included detailed questions about body condition, rust locations, etc. Based on Mr. Caplan's experience with his current vehicle.in no way would a dented or rusted body be considered based on this prior experience.
On or about 11/23/02 Mr. Caplan began the steps to purchase a used Porsche 914 from Mr. Randall Rogers of European Collision, 205 Railroad Ave., Rhine, GA 31077 Tel: (229) 385-6655.
Address is also known as 30 Reeves St. Rhine, GA 31077-4922
During the initial telephone interview about the car, Mr. Rogers asserted that he has done bodywork on cars for almost 20 years and he purchased the car many years ago to restore himself, but he never got around to it. Mr. Rogers noted that I work on nothing but Mercedes, BMW and Porsches, I own European Collision. The story of the rust problems with Mr. Caplan's 914 was told to Mr. Rogers and he responded with "You're kidding, this car is straight and rust-free." He repeatedly and for many months thereafter made statements that included:
Im telling you there aint a spot of rust on it!
Its straight and just needs paint
Its in the back of the shop under a cover, I'm waiting for the weather to break
During the interview it was understood that the battery tray needed replacement (common on all Porsche 914s) and that the interior was in need of replacement. Mr. Rogers noted that the only rust spot was a tiny touch under the rear trunk lid edge that was just a paint bubble needing a touch of work. Mr. Rogers claimed to take his cordless phone and discuss each area of the car with real-time visual inspection. Questions were asked about dents, rust, fender seam rust, door jamb rust, condition of the rain gutters under the rubber seals and other areas prone to rust such as the rocker panels, inner fender wells (front and rear) and trunk floors. Answers were repeatedly " Nothin' " with repeated statements that Im telling you there aint a spot of rust on it!
Based on these statements about owning a body shop, the condition of the car and the apparent panel-by-panel inspection and other interview answers, the conversation moved onto what paint would be used. Mr. Rogers stated that he used PPG brand, epoxy primer sealer, polyurethane top coat and clear-coat, steps taken in paint preparation.
Mr. Rogers was asked about the costs; a deal was reached to pay $750.00 for the car and $1,200.00 for the paint work. This was put into writing for a 60-day window to complete the work and a money order for $1,950.00 was sent to Mr. Rogers on 11/25/02.
A bill of sale, odometer declarations and agreement for the work was received on 12/14/02, which included a notarized signature on the Maryland Bill of Sale form.
Due to weather conditions in the East, including Georgia, continued rain and other weather conditions prevented timely completion of the work. Mr. Rogers noted that he had limited room for indoor primer dry time. Things dragged on and the spring weather was no better.
Mr. Caplan was going to be in the area due to a van purchase in Florida in June (6/21/03 to 6/22/03). Mr. Caplan took time and money to have a trailer hitch placed on his van for the purpose of picking up the vehicle with a tow dolly. Mr. Rogers suddenly had an emergency and he needed to pick up several Chevelle cars (early 70s type) or he would lose them by the end of the weekend. As further inducement to do this, Mr. Caplan was promised the car in two weeks at Mr. Rogers delivery expense. The trailer rental plans were cancelled and Mr. Rogers called Mr. Caplan while in transit with the van to say hello and thank him for the extra time. Mr. Rogers wife was next to the phone saying God bless you and You wont regret it. Mr. Rogers never delivered on that promise.
On July 22, Mr. Caplan was in Atlanta on business and Mr. Rogers made arrangements for a trailer through a local transport company. However, the paperwork was never completed for the pickup and the transportation company tried to contact Mr. Rogers on several occasions. Mr. Rogers was finally caught in a lie about the delivery of the vehicle. Based on that set of circumstances Mr. Caplan did not drive from Atlanta to Rhine to see the car, since delivery had allegedly been scheduled.
On or about 8/15/03, Mr. Rogers made the statement that the paint had bubbled and that the car was being stripped to the metal for a repaint. Having some experience with car restoration, Mr. Caplan was quite skeptical.
An investigator with considerable Porsche 914 experience (ownership and mechanical knowledge) was hired to fly to Jacksonville and then drive to Rhine to take pictures of the car. A power of attorney document was provided to this individual. Approximately 40 pictures were taken without incident and the vehicle identification number was verified. Mr. Rogers son was on the premises to show the car
The car has never been touched. Both front fenders have damage and the passenger side fender shows rust at the fender seam (a difficult repair). The drivers side rear quarter panel is waffled and the passenger side quarter panel is filled with Bondo. The passenger side taillight is broken. The targa top is not on the car and the car sits outdoors under a torn blue tarp. A rust hole behind the battery is so large that a person looking into the passenger-side quarter panel can read the word EXIDE on the battery in the rear engine compartment.in summary, the vehicle is in bad condition and has never been worked on.
When Mr. Rogers returned that afternoon he called Mr. Caplan and he offered to refund the money plus some for expenses paid by Mr. Caplan. He was given until 8/26/03 at 4:00 pm. The pictures clarify the intentional misstatements about the car and the work that was allegedly being done. Still no refund at this time.
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