Any lawyers out there?

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Old 01-09-2003, 07:54 AM
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Any lawyers out there?

I'm a car buff... have been for way too many years... it must be a disease or something... I suspect most of the folks who come to this forum are too... Back in the 60's my dad used to call me an agitator... most of you are probably too young to remember that term... it's an old hippie, stop the war thing... ok, to the point...

This whole tranny deal has me kind of on edge... if for no other reason... it could indeed affect the trade in value/marketability of our cars. I bought my 2003 TLS last summer... one of my standard, for what it's worth, questions to Mr. Salesman is always... "are there any issues, problems, recalls, etc. I should be aware of with this car?" His answer was, of course, no. Based on my past experience with almost every car that has rolled out of a Honda or Acura plant I took his word for it.

When one sells a home the seller is required to complete a disclosure statement listing all of the problems and defects with said home. Failing to list said problems can land you in a heap of trouble... I'm curious... I wonder what would happen if someone rolled their TL/TLS back to the Acura dealer and told them to take it back because they failed to disclose a known defect with the vehicle... said defect could affect the safety of car's occupants and reduce it's value... hell, I just might do it. I mean, just for sport to see how it would play out. Seems if one were to get the media involved and make a big deal out of the cause it might change the way car dealers do business.

Ok... I've agitated, probably irritated... but what the hell, I'm old, cranky and haven't had my coffee yet. For the record my tranny seems to be fine so far... Nomex on... flame away...
Old 01-09-2003, 09:15 AM
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hmmm... interesting... thats not a bad idea.
Old 01-09-2003, 09:46 AM
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It is interesting... but almost impossible to prove.. especially almost 7 months later.

The salesman can just say that he was unaware of any problems b/c his clients didn't have any. At the time you bought the car the problem was really just getting underway... so they may have thought it was an isolated incident. I know I bought my car at the end of July and that was really when the tranny topics just started. In addition.. and this is probably the biggest thing, no such disclosure statement is required when selling a car. Every car has its problems.... just check all of the other boards. Do you think BMW was informing every purchaser that the M3 was having engines explode, or the X5 had electrical problems, etc.? The public was informed by the NHTSA and once the problem reached a certain threashold... so were we.

Don't get me wrong... I agree that this is a big deal... but there are also processes involved that, while we may not agree or want to wait for.... must be followed.

As for the lawyer thing.. there used to be one or two floating around... haven't seen them lately.. but you never know...
Old 01-09-2003, 09:50 AM
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I say go for it. Nothing ventured - nothing gained. Worst case scenario, we're right where we are now...but you never know, it might set a good precedent for others...
Old 01-09-2003, 10:01 AM
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If people that drive the Ford Focus can't do it, you ain't got a chance.
Old 01-09-2003, 10:41 AM
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I handle claims for a large, commercial insurer and deal with recalls relative to many types of products involved with a claim. If there was no notice before the incident, and by government standards all testing was done prior to releasing the product with failure in an accetable precentage range (assigned by the government and Honda itself separately), and further without the dealers express knowledge, you don't have a shot in the dark. Look at the litigation surrounding the Explorer and Firestone. It is only at the forefront of everything because so many doctors and lawyers-very rich people-had their lives and kids lives lost from a number of incidents. And think about it; what really came of the Ford/Firestone litigation? With your logic every Explorer/Firestone owner should have a beef, even those without proven tire failures but simply owned the product, but they don't. Recalls are the corporate safeway out and so is the 100k warranty.
If you find yourself a lawyer that wants your case, here is something to chew on: Get him on a contigency and don't pay hourly or you'll be stone broke in a month.
Old 01-09-2003, 06:35 PM
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"lawman" is an attorney... I think I only see him in the "off topic" forum though
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