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-   -   JOSH KIRK OR TO TRADE! EVERYONE PLEASE READ THIS!!!! (https://www.racingjunk.com/forums/showthread.php?t=21964)

Scorpion1110 10-05-2008 03:58 AM


Originally Posted by toTrade
I have tried to make it right, I offered you another motor you turned it down.

If you buy a car from a dealer and the say it's a 1.8 L then you turn around and sell it as a 1.8 L simply because thats what you where told (same senario). I have said before the motor you recieved is not junk. We can go around and around. If you cover shipping then I can send you another motor.

About the carbs the agreement over the phone was to include the carbs.(SHOWN IN THE PICTURES)!
The cracked intake.. I contacted the guy I sold it to and he has welded them up. (He said he will send pics of the welds).
The Oil leak ( I know nothing about blowers I was told by the guy who bought it the seals were bad) Hence timeframe

This was a trade there was no fraud or scam involved on my part.

YOU KNEW PRIOR TO THE TRADE THAT THE MOTOR IN THE PICTURE WAS REFERENCE ONLY!!!!!!!!!!!

As far as not notifiying you / Boonesracing about the blower. Once again I don't know anything about blowers and had no clue that it was junk until someone showed me what what was wrong with it.

You want to go to court that's fine. Let's go I will contact an attorney also.

I will contact UPS and start the Mail fraud process if it is applicable on a trade...

As far as being obligated to provide the parts stated. Thats what I was sold and I have the receipt showing it. I do not know much about building or the internal parts of a motor so If I can't tell the difference in parts how do I know and How can I be obligated to provide parts that I cant tell the difference on. If you sale a car you bought and it's listed as a 400 because that's what you where told but the buyer finds that it's a 350 and you didn't know how to check it are you obligated to send out a 400 even though that's whats on the Bill of sale that you recieved?

As far as reporting I lost money on the deal. My purchase for the motor $2800,(sorry) sale of junk blower $750. don't think I wont give that to my accountant.

Absolutely 100% wrong. You didnt broker the motor(s) did you? Did your add say that you had no idea if the parts referenced were included or did you assert that it was as stated? Did you disclaim in the ad? Thats easy enough for Boones racing to confirm as he has the ad. You deleted it.

You are fully on the hook for everything you listed in the ad and the old "this is what the prior seller told me" line doesn't hold water and wont in court-trust me on that. Essentially, you will have to make good on your stated item to Boonesracing and THEN go back and litigate against the individual who sold and misrepresented the motor to you.

Tell the judge that you didnt know what was in side that motor while Boones has a notarized statement from his machinist comparing your ad to the actual parts removed. You'll be done just about at that point-and the remainder will be discussion of damages.

BTW-sending Boones another motor wont matter if it does not contain the parts that are listed in the ad.

If it ends up in court you are going to be on the hook for the parts and probably his legal fees.

The smart thing would be to take your proceeds from the sale of that 68 Camaro and settle with him immediately.

As for the Accountant Josh, you rolled the blower into the sale of the Camaro-While it will increase your cost basis in the Camaro-you'd better get every cent of profit right or they will come calling- Boones is going to drop a line to the Service on that-

And BTW if Boones knows who you sold it to and the price he can notify the DMV to make sure that buyer declared it correctly for sales tax purposes. It goes on and on and always rolls down hill. Hope it wasnt sold with an open title, or thatd be another legal headache....

Boones-fyi ToTrade deals in first gen Camaros- if you cant settle this you need to go to the Camaros sites- Team Camaro www.Camaros.net , the Camaros Research Group www.camaros.org. Make sure that you locate the other places he trades and make them aware of what he did and the pics. Camaro guys are on those sites all the time.

Boones, There is also a local MD camaro guy (nationally known) that I am familiar with, have bought parts from and see at Carlisle PA swap meets all the time, and who lives about 10 miles away- [JOSH think Camaro parts ID and intake re-skinning]-Let me know if you want me to give him a ring and do some checking on ToTrade.

Later,

Scorp

Tod74 10-05-2008 04:35 AM

It would not matter if the ad did say pic was a reference...the ad says

"4 Bolt Main Block (Two Piece Rear Seal), Eagle 4340 Forged Steel Stroker Crankshaft Assembled With H-Series Clevite Rod And Main Bearings Eagle H-Beam Bushed Connecting Rods W/ARP Rod Bolts (Good For Over 700HP) High Performance SRP Forged Pistons 11.0:1 Compression, Hand Filed Performance Rings, Three Piece Billet Double Roller Timing Set, Crane Performance Roller Camshaft, Crane hydraulic Roller Lifters, Performance Heads 64cc With 230cc Intake Runners, Stainless Steel 2.08 Intake Valves, Stainless Steel 1.60 Exhaust Valves, High Performance Valve Springs And Retainers, 7/16 Screw In Studs And Hardened Guide Plates,Manley Chrome Moly Push Rods, 7/16 - 1.6 Aluminum Roller Rockers, Engine Assembled With All Brand New Bolts, High Volume Oil Pump And Screen, Chrome Oil Pan, Chrome Dip Stick And Tube, Polished Aluminum Timing Cover Professional Products SFI Approved performance balancer, Fel-Pro Performance Gaskets, The Complete Rotating Assembly is Balanced Edelbrock Victor Jr. Intake Manifold Chrome Thermostat Housing, Holley street avenger carb. MSD 8.8 Wires, AC delco plugs, Mini starter 2.5 hp, Crank is ballanced w/ 5oz moly. "

a lot of those parts are clearly NOT on that engine.

boonesracing 10-05-2008 04:49 AM

Josh [quote]Poeple like me Look If phone conversations could be posted you would understand the deal we made.
He was to send out the carbs also You need to stop with that BS because you were told that carb went with my other motor I was nice enough to send out two carbs that I told you needed to be rebuilt!!!!!! I did'nt even have to do that! but.... I thought i was getting a motor not a peice of shit! Also if you really want to get down to it You told me on the phone this motor was RACE READY. all we had to do was drop it in & go Yeah right I would'nt even put the motor you sent me on a go cart much less a 6 or 7 second car!!!!!! That is stupid! Don't be trying to scam your way out of this form because it wont work like they said you thought we were stupid & you got caught!also if the blower intake was cracked then you must have done it .By the way we purchased insurance for it when we shipped it I told you to let us know if it was ok you never did so... There you are! once again with shit on your face :evil: also i would not ever get anything else from you burned one is enough

fla1976 10-05-2008 06:04 AM

Junk
 
Been following this and all I can say is that totrade owes for a blower. I personally wouldn't trust you to send another engine. That piece of crap is nowhere near what you described in your ad. That debris in the pan didn't build up like that over night. Those rods are not "H" beams and the courts will fry you if it gets there. Your best solution is to pay the man for his blower and get your act together. As Rudy states, if you can't verify it you shouldn't declare it. I think you'll find that a reputation is alot harder to repair than a bank account.

RiceIsWrong 10-05-2008 06:15 AM

I did talk to the guy who bought the blower and He said I could buy it back for $950(because of the repairs he has done). If this is sufficient I will do that and send it out to you but there is now way I can pay for shipping on the blower.

michael1 10-05-2008 06:22 AM

If you can pay $950 for the blower then you should be able to pay the shipping.

RiceIsWrong 10-05-2008 06:26 AM

I don't think so. I am already loosing my Ass. But I guess next time i will have someone inspect a motor before I buy it or sell it.

You are so willing to jump on in there and add your 2cents why dont you you pay for shipping.

Scorpion1110 10-05-2008 06:27 AM

deal resolution.
 

Originally Posted by toTrade
I did talk to the guy who bought the blower and He said I could buy it back for $950(because of the repairs he has done). If this is sufficient I will do that and send it out to you but there is now way I can pay for shipping on the blower.

Buy the blower back, ship it to Boone's racing at your cost.

Boone's take the engine to the metal scapper get a price for the scrap cast iron, deduct your gas money and send the difference to totrade.

Deal resolved.

later, Scorp

RiceIsWrong 10-05-2008 06:31 AM

LOOK MAN IT'S NOT LIKE I DID THIS INTENTIONALLY. I NVER MENT TO MESS OVER ANYONE.. I GOT SCREWED TO. I AM ALREADY LOOISING MONEY SO I CAN'T PAY FOR SHIPPING NO TO WAYS ABOUT IT.

THANKS FOR YOU TWO CENTS TOO.

IF YOU CANT PAY FOR SHIPPIMG ON THE BLOWER THEN I GUESS COURT IT IS.

THANKS

michael1 10-05-2008 06:33 AM

You made a deal now it is your responsability to make it right. Just bite the bullet and it will be a done deal, then no one can say that you didn't do your part. Goodluck to both of you.


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