Quote:
Originally Posted by xenigo
My brother is an attorney and I've learned a lot talking to him about misc things here and there. One thing I've picked up is that a waiver that absolves the dealer of liability won't protect them from stuff that is obviously just fucking wrong.
Here's an example. Going into an amusement park, somewhere during the purchase of the tickets that allow you into the park, you agree that if you are maimed or die during your visit, they aren't liable.
And that protects them from your stupidity, mostly. What it doesn't protect them from is THEIR stupidity. It doesn't mean they don't have to maintain their equipment, and it doesn't protect them from wrongful death lawsuits, etc.
Basically what I'm saying is this. Although you signed a waiver saying you won't be able to sue them... I believe you still CAN sue them - and win. This is because they didn't disclose to you this rust damage, and they are selling vehicles under the guise that these are NEW vehicles that aren't damaged. That is obviously fraudulent, and they are misrepresenting themselves. That's a recipe for a lawsuit - waiver or not.

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yes i know, i've talked to 3 lawyers in the past 2 weeks.
the thing is this, if i loose i can get stuck with the dealers attorneys fees and even go more in the hole. It has happened as the lawyer showed me some past cases.
Fact of the matter is as bad as this looks not one lawyer would take it on contingency, and they all said they have seen similar cases go the other way.
At this point i'm just going to let them undercoat it and do their thing and if it comes back again they'll have to do it again, they have 3 chances.
I'm tired of dealing with it at this point. It's not worth the anguish I am suffering to further worry about it.