I'm being Sued!!!

[Sleeper CP]

One what?
Well let's see....:idea:
Regardless of what SWB says, tell this guy to go fock himself. Tell him that you are well aware of the law and what goes into a lawsuit. That is, both of you will have to retain counsel and pay a retainer. Probably to the tune of 2K or so. Ask him if he is willing to do so. If so, then tell him that you are willing as well. Tell him you will retain counsel and get all your witnesses aligned. Fact witnesses, percipient witnesses (eye witness) and experts will be called and deposed prior to trial. All of this will cost a ton of money.
Fock this guy and his big balls unless you screwed him of course.
Why would you retain counsel for small claims court?? :idea:
I think you should give the guy his stuff back and get yours back and go on with your day...IMHO.
I'm pretty sure that is small claims paperwork he posted.
You can do whatever you'd like, I'm just giving you the outcome beforehand. People helping people.
Add me to that, I think everyone else understood it to be small claims court.
Secondly, not trying to pick a fight with you, but somethings just aren't worth fighting over. Your dig your heals in "fock him "attitude doesn't seem very productive.
The complaint spelled out that the engine was not what it was represented to be. Ignore the fact that the guy and his brother(we found out after my statement) don't know what they are doing. That is beside the point. The fact is the engine is not what he represented, that is a problem for him. A real big problem. If it is the fact he obviously needs to weigh the time,energy and effort it will take to fight this instead of comming to terms with the guy.
Has he stated yet what he did with the trade engine? Does he still have it or the money to give back to the guy?
(I reserve the right to edit if something is not clear)
Sleeper CP
Big Inch Ford Lover

[gotboostedvr6]

I have the blown up and seized 48 spl he said ran still but was low compression
I also can get the money but I'm a full time student and don't work. So this is going to hurt me. The money i have is loan money and the semester is almost up so that means no check till jan 30 so ill have no money from now till then if this case goes downhill.
What this is going to come down to is do i have to disclose all parts on the motor.... i mean everything like different heads? different carbs? does it still run correctly and in spec and if it does, do the items that were replaced change the year of the engine? what percentage of the engine has been changed
What percentage of the engine is 94?, 88?
One part was changed with an donor part, some parts were brand new from dealer but the foken engine is a 94 and it runs good and thats all that matters.

[shueman]

Sounds like you stiffed the guy and did not respond when he called to reverse the deal....your gonna loose, either way...

[HemiDude]

Hello,
I only do litigation I can win and phock my client over as well as the opposition. Sorry, your case sucks.
Sincerely,
Larry H. Parker
:idea:
Hurry.....
Call LARRY H. Parker..........

[HemiDude]

Best advisr award goes to...SML....
so is the motor an '88 or '94......if you were wrong in telling him the year, then i'd just give the dude his stuff back and call it a day...unless you think going through all the bullshit to fight it would be worth it .

[Sleeper CP]

I have the blown up and seized 48 spl he said ran still but was low compression
I also can get the money but I'm a full time student and don't work. So this is going to hurt me. The money i have is loan money and the semester is almost up so that means no check till jan 30 so ill have no money from now till then if this case goes downhill.
Sorry that you find yourself in this situation, I don't think any of us are saying you deliberatley screwed the guy. It's just a bad situation you find yourself in and I would bet on SWB and thayguy that as stated you would lose your case.
Sleeper CP
Big Inch Ford Lover

[Moneypitt]

You probably should have advertised it as a "94 with an 88 mid-section". That would have been enough to cover your ass. Now what you need to do is get an outboard specialist to provide documentation stating that the 88 midsection is functionally identical to, and a legitimate service replacement for, a 94 midsection.
Yeah, what he said....Do you have a hot girlfriend? Or know a super hot chick that would go with you to court?:idea: ........Let HER:sqeyes: explain it to the judge..... ...There have been numerous studies done on the out come of situations based on the attractiveness of the particapants......MP
Oh, and post the pics after you win.........

[OCMerrill]

I will share a small story here...
I sold an International Scout II back about 6 years ago. I missed one feature and placed it in the add claiming it had a Dana 300 transfer case (4x4). The guy that bought it crawled under and over the thing for two days before he cut loose with the whopping $2,800 we agreed on. As is no refund or other was on the Bill of sale.
About a year later he calls me and tells me that it never had a Dana 300 and I miss represented the sale. Even thought he could have swapped it out. When he showed up at my house and I inspected it there was indeed a D-20 and not the D-300 that should have originally been there. I told him I would give him $150 which was 1/2 of what a good used D-300 would cost just to make him go away. I did feel a bit in the wrong.
He told me to FO and he was suing me for like $4k with expenses, lost time, etc. We went to court and the Judge listened to him and then my turn came. I told him I offered $150 as a good faith gesture a year later that the buyer did not accept.
Without even 1 min passing after I finished my explanation the Judge asks the buyer if he could read? "Do you see as is?" He told the guy he should have taken the gift of $150.
He told the buyer to better inspect his purchases in the future. He then asked if this Scout runs and drives. The buyer said yes...the the Judge said "Why are we even here then"...NEXT.......
So I am thinking that if the Engine runs well just maybe you have a small chance of not getting the total shaft.

[jkh04200]

I have sold all kinds of chit over they years and never ever once have I had a problem looking the guy in the face a week even a year later.
Its all about morals and values. You screwed him and you know it. Be a man, to hell with courts and the law. Do what is right and quit trying to justify your lack of values.

[DelawareDave]

Correct me if I am wrong, but on an outboard motor, isn't the factory ID tag, with serial number, attached to the mid-section? And isn't that what is generally accepted as the outboard's identification? It seems to me that it is the only outwardly visible ID, and if the C/G or marine patrol inspect it, that is what they look at.