I need Legal Help!!!!! Dont buy from Daniel Schmidtt and Co.

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Top of pagePrevious messageNext messageBottom of pageLink to this message   By Ben Butterfield (Tenacstud) on Friday, September 21, 2001 - 10:51 am: Edit

I just bought a 97 Disco from Daniel Schmitt and Co. Do not buy from this dealership. I was a sold a wrecked Disco that needs some serious repairs. I bought the truck 3 months ago I am still trying to get the whole issue resolved. I spoke with two salesman both said it was in Perfect Condition. When the vehicle arrived they couldnt even get it off the truck, $1000 later I could at least drive home. I will spare you rest of the story. But living in Utah and having bought the vehicle in St Louis, does anybody know where should I go to persue some legal action?

Top of pagePrevious messageNext messageBottom of pageLink to this message   By Anonymous on Friday, September 21, 2001 - 11:11 am: Edit

You'll need to sue them in St. Louis, unless they advertise where you live. If you found the rig on the net you might have a claim that they were holding themselves out in Utah and doing business there. I'd talk to an attorney in your area see what they think, to be safe though you'll probably have to sue in Missouri. When you say wrecked, have you found that it was totaled before? If so and they told you it wasn't then you have a good claim for fraud/misleading statements. This would probably be enough to make the contract for sale void. You may be able to get out of the rig. I'd talk to a lawyer.

Top of pagePrevious messageNext messageBottom of pageLink to this message   By anon2 on Friday, September 21, 2001 - 11:33 am: Edit

Definitely sic a lawyer on them. If what you're saying is accurate, then they seriously misrepresented the product. For your sake, you better have things documented. If not, write up some notes documenting your discussions with the salesmen, and don't be afraid to slap a date from 3 months ago on a document you prepare today. Remember, the honest & righteous aren't the ones who win in court. This dealership lied & screwed you - you'll only win if you screw harder and better. I speak from personal experience, and only the "moral majority" would beg to differ.

Top of pagePrevious messageNext messageBottom of pageLink to this message   By Anonymous on Friday, September 21, 2001 - 11:36 am: Edit

They also are a BIG seller on ebay and there are ways to fuck with them there too.

Top of pagePrevious messageNext messageBottom of pageLink to this message   By anon2 on Friday, September 21, 2001 - 12:26 pm: Edit

yeah, complain to ebay - even though there are "ebay ain't liable" disclaimers everywhere, ebay's legal dept knows that anybody can sue anybody for anything anyplace anytime.

Top of pagePrevious messageNext messageBottom of pageLink to this message   By Danno on Saturday, September 22, 2001 - 03:57 am: Edit

a word about Daniel Schmidt.
I used to live in STL and if it's the same place that i'm thinking of, they are a place for people to sell their vehicles, as well as, vehicles that they acquire themselves. a friend bought a 96 RR 4.0 from them and they had one problem and they corrected it w/o any hassle. DS&Co may have been given false information from the owner selling the Disco (if this was the case) through them.

just my 2cents...

Top of pagePrevious messageNext messageBottom of pageLink to this message   By tenacstud on Monday, September 24, 2001 - 04:58 am: Edit

Thanks for all the suggestions. I did buy it on e-bay however, the price I bought for was under the reserve they listed. Thus E-bay is telling me that I have no recourse with them since I bought it for less then their reserve.

I have contacted some other people off ebay that had a bad expereince with Dan and CO. They have had the exact same problems and they are also pursuing legal action.

Thanks again

Top of pagePrevious messageNext messageBottom of pageLink to this message   By len braz on Tuesday, September 25, 2001 - 04:51 am: Edit

The fact that they were willing to sell it for under the reserve makes me wonder if the sales people knew the truth.

U can forget about E-bay helping you, they do all they can not to get in the middle. After calling a lawyer, I would also file a complaint with the BBB in St. Louis.

Give them hell and dont let them off the hook. In the long run it will proabably cost u a pretty penny but, if that was me I would make their life a living hell as they are doing to u.

There is nothing worse then a used car salesmen that screws people left and right! And they wonder why people hate them.

len braz

Top of pagePrevious messageNext messageBottom of pageLink to this message   By tenacstud on Tuesday, September 25, 2001 - 07:14 am: Edit

Well I filed a complaint with the Better Business Bureau and found out they have 36 complaints filed against them.

Thus I just wanted to advise again do not buy from this dealership!!!!!

tenacstud

Top of pagePrevious messageNext messageBottom of pageLink to this message   By Ron L on Tuesday, September 25, 2001 - 11:34 am: Edit

If they sell on eBay, it is possible to sue them in your own town. Provided that when you file, they are notified by a local police/sherrif dept. I have experience with this. If you can get a hold of a good attorney, you will get all your money back. The faster you work the more advantage you have on the case.

I bought a D-90 in Idaho (on eBay)(reside in OR), although there was nothing wrong with the vehicle, they produced a phony contract on the financing. Once the vehicle was delivered to me (in Idaho)the vhicle passed inspection with flying colors. When my payment book arrived the payment was double what the contract stated. The judge in Oregon gave the dealer a choice, to either honor the contract as signed by me or to take it back and pay ALL expenses.

On another note....I bought a race car chasis in texas (again off eBay) when it arrived the chasis specs were expired and rendered useless. The seller lost the case in California and was ordered to refund the money. He then countersued me in Texas for expenses and the cost of the chasis. He was ordered to pay me again as a result of trying to abuse the system. I got paid twice as a result. I donated the profit to a local Texas foundation for homeless children to add insult to injury.

Consult an attorney, most likely your claim will be resolved within one letter and a phone call.

Ron L

Top of pagePrevious messageNext messageBottom of pageLink to this message   By 1st Anon. on Tuesday, September 25, 2001 - 12:07 pm: Edit

You have recieved much wisdom from the board. I concur w/ all of the statements made above. I cannot divulge my identity though (malpractice insurer doesn't appreciate me giving advice w/out a fee agreement signed). W/ the facts that have come to light, I believe you will be able to sue in your home state and/or town. I encourage you to speak w/ counsel. It will be worth your while.

Top of pagePrevious messageNext messageBottom of pageLink to this message   By tenacstud on Wednesday, September 26, 2001 - 05:02 am: Edit

Thanks for all the advice. I speaking with another party that bought a car from Daniel Schmitt and took legal action. They found that they could not sue because they accepted the car from the shipper and paid cash for the shipping costs. He explained to me that if they would of paid with a credit card or not accepted the car they could have pursued it further. Does this make any sense?

Tenacstud

Top of pagePrevious messageNext messageBottom of pageLink to this message   By Impatiently waiting for bar results on Wednesday, September 26, 2001 - 05:09 am: Edit

Nope...you may still have a cause of action under a consumer protection act either in your home state or in the dealers state. The best advice so far is to talk with an attorney in your area and act on that advice.

Impatiently waiting for bar results


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