blulegend

So frustrating. Why does it seem like your lawyer is keeping you in the dark? Why does your girlfriend do all the work for you? Is she a lawyer yet?

This is serious. Your $2k or whatever downpayment is not the only thing in jeopardy here, it's your $18k+ purchase you just made.

tazTL

hmm...I dont understand why you think my lawyer is keeping me in the dark...and as far as my gf, she's in law school as mentioned previously and she obviously isnt doing 'all the work' as I have a lawyer helping me as well as the contact I've maintained with Acura direct as well as Ed Morse corporate. Thank you for your input though.

TAZ

fldave

Taz, whats happpening with the car. Inquiring minds want to know!

FlDave

tazTL

hi everyone. right now we're in the process of beginning arbitration. There was a clause in the contract that requires us to take any dispute to an arbitrator. Meanwhile we've been preparing a big file full of other cases with similar facts. Some cases where the arbitrator even awarded punative damages. At this point I dont see how the arbitrator could side with the dealership because of the pure facts are in my favor. The federal buyers guide says the car is certified but its actualy not certified. I paid for something and was given something else. Seems simple to me. Thier excuse is that it was a mistake and thats not good enough. We're submitting the demand letter to ed morse and the arbitration society and then they have 15 days to respond. I'll keep the forum updated as soon as I hear back fom them.

Thanks for checking up, I think everything will work out ok after all is said and done. Take care!

TAZ

Tom Blasing

Arbitrations- Now that's my field (sort of). I work for a Court Reporting firm and we deal with arb's all the time, usually between unions and employers though.

If there was a court reporter there than it may take longer than 15 days to get a response back.

Don't expect full compensation when you get the decision either. It may just be that Morse makes good on the warranty and pays for car rental, etc. But don't expect them to have to take the car back and void all the paperwork of you owning it.

I'm not trying to rain on anyone's parade but I've seen this happen a lot in the six years I've been doing this. There may even be some bills from a couple companies for using (though needed) out-sourced entities. For instance my reporters get an appearance fee ($60/hr.) then if the arbitration proceedings get transcribed then it's uwards of $4 per page (The average person talks 35-40 pages/hr.). Just something to think about.

tazTL

thnx tom...if the decision of the arbitrator is in my favor then wouldnt any bills like you're talkin bout be paid by the dealership? Do you have any suggestions for the arbitration process? How to pick an arbitrator....what to ask for during arbitration...what to do or what not to do? thnx!

TAZ

Tom Blasing

Yes, the legal bills SHOULD be paid for by the dealer if found in your favor. But the arbitrator may not make such a finding as an all-or-nothing decision. Arbitration is usually a "meeting in the middle" kinda thing. That's why the dealer has that in their contract; it can cut down on their losses and REAL expensive legal bills if it ever went to trial.

An arbitrator may have already been picked. It is also an agreement between your attorney and the dealer’s; the same way attorneys pick jurors for a trial.

Arbitrators are usually attorneys too so your local Bar Association can probably help there or even just go to the American Arbitration Association in your area. I’m sure you lawyer already knows all this. An arbitrator that we’ve seen used quite a bit at my office (again this is usually for cases between unions and employers) is a man named Joseph Pass from Pittsburgh, PA. The arbitrator that is decided upon does not necessarily have to be in your area. In some cases it’s good that he/she’s not from the same area. It cuts down on there being some sort of conflict of interest if he/she comes in contact with either of the two parties.

Hope this helps.

Also, if you find yourself trusting your attorney (like you said you didn't) the the best thing to do at the proceedings is to say nothing unless your asked and given permision by your attorney. Forget what you see on television of the witness grandstanding and making a big scene of a who-done-it confession. It's not a good idea. Remember, your attorney gets more money if you do so he's (really) looking out for his own pocket by making you think he's looking out for yours.

tazTL

okay, heres an update fot you guys. It looks as if this is finally coming to a close. After I submitted the arbitration request, ed morse' lawyer contacted me and we've worked out a settlement for around $4,400. This settlement means that I cant discuss it further though so after the paperwork is signed I wont be able to post any more messages concerning this. I just wanted to let everyone know what the outcome was in case a dealership tries to screw someone else over, maybe this forum will be of some assistance. I'm so glad to finally be done with all this. Thanks to everyone for all your comments and help! Now I can focus on sumthin a little more normal like blackin out my headlights ;-)
take care!

TAZ :-)

FidizzyTypeS

a settlement for what?

I'm assuming by your post it means you're keeping the car...what about a warranty?

tazTL

the price settled upon includes the costs to get the to car to certified standards incl the warranty. This purchase ended up being a good deal except for all the hassle. thnx.

TAZ :-)

figueroa1357

figueroa1357

i would get rid of it buy a new one that nonebody has owned

sportious

so he ended up paying 4400 plus the car's payment to settle this? It doesn't make sense?!