Jon
San Diego,#2Author of original report
Thu, September 18, 2014
Breach of Express Warranty and Implied Warranty of Merchantability (Song Beverly Act) Interim Ruling: "Mossy included a limited express warranty (90 days or 3000 miles) for 100% of the parts and labor costs on engine and transmission repair. The panel finds this would include the vibration problem. Mossy made two attempts to repair the vehicle with no success whatsoever and then informed Mossy it could not be repaired and was, at any rate, "normal" for this vehicle. In the event a warranted defect substantially reduces the value, use or safety of a vehicle, the seller must replace or repurchase the vehicle, or otherwise make restitution to the purchaser. This was a vehicle purchased at retail, for Perz' personal use. Perz made several requests of Mossy to repair the defect, and Mossy agreed to attempt the repair twice. Mossy was given adequate opportunity to repair or replace or make restitution. It was unable to do the first and refused to do the others. Perz has proven the elements necessary to prevail on this cause of action. The implied warranty of merchantability requires that the vehicle be fit for its ordinary use, in this case personal transportation to and from work. The only description of the condition of the vehicle is that it was unsafe to drive. Mossy's attempt to "reduce" the vibrations at stops by putting it into neutral corroborates the intensity of the vibrations and the unsafe measures which had to be taken to reduce the vibrations and allow for accurate vision through mirrors and the windshield. No opportunity to repair is required, though several opportunities were given. Perz has proven the elements necessary to prevail on this cause of action. Under the Song-Beverly Act. The panel is authorized to award double damages on the Song-Beverly causes of action, if Mossy's failure to act was wilful, which it was. (Civil Code section 1794(c)). Perz is entitled to an award of fees and costs on the Song-Beverly causes of action (Civil Code section 1794(d))."
Karl
Highlands Ranch,#3Consumer Comment
Thu, May 01, 2014
Do you think that future generations will be able to come to this site and read the many Ripoff Reports and consumer comments in order to better understand that the arbitration system in America was mainly interested in protecting the companies and corporations who were responsible for paying the fees to the arbitrators, and not to those who were financially injured by these same companies and corporations? Feel free to share your thoughts, and please give us an update. Thanks.
Karl
Highlands Ranch,#4Consumer Comment
Tue, March 11, 2014
The arbitration system in America is set up to protect the corrupt people who run the corrupt companies and the corrupt corporations. Our country is ultimately being controlled by the banking cartel. These bankers are corrupt. They ultimately control the U.S. government, the governments of Europe, Wall Street, stock markets all over the world, and just about everything else including the mainstream media, the price of oil, and even the majority of the legal system.
Don't ever trust the arbitration system. Remember, the companies and corporations who are being sued are the ones who pay the fees for the arbitrators. So who do you think that the arbitrators (arbi'traitors') will protect?
Good luck to you, and please feel free to give us an update.
Karl
Highlands Ranch,#5Consumer Comment
Mon, March 03, 2014
Don't forget to give us an update when you have time. Thanks.
Jim
Florida,#6Consumer Comment
Sat, November 30, 2013
Why didn't you know about the clause in the contract? It was THERE, wasn't it? The reason: YOU signed the contract WITHOUT reading what YOU were obligating yourself to. But more imortant than that...YOU decided to buy a car with pre-existing problems! You could have said..."I like the car and I will buy the car but it has problems. You fix it and then I will buy it!" If they were a decent dealer which operates on honesty and integrity, they would have done just that. Two lessons: READ and UNDERSTAND what you are igning BEFORE you sign it...and...learn to stand up for yourself. They need you...you don't need them. YOU are the customer!
Karl
Highlands Ranch,#7Consumer Comment
Fri, June 21, 2013
Please feel free to give us an update to your Ripoff Report when you get a chance. Thank you.
WELCOME TO THE LEGAL SYSTEM IN AMERICA- ONE BIG LIE THAT PROTECTS THE CORRUPT PEOPLE WHO CONTROL THE CORRUPT CORPORATIONS AND THE CORRUPT COUNTRY ALSO KNOWN AS THE UNITED STATES OF AMERICA
Karl
Highlands Ranch,#8Consumer Comment
Tue, April 09, 2013
Did you get a chance to read Ripoff Report #1065?
I believe that the majority of our legal system in America is a complete lie, especially the Arbitration System. It mainly protects the corrupt people who control the companies and corporations that did precisely what they did you. You were 'financially injured' and the Toyota dealership profited from it, right? Our legal system also protects the corrupt politicians who are ultimately working for many of these corrupt people who run the corrupt companies and corrupt corporations in our country. Most of them are Wall Street companies.
My guess is that you have less than a 5% chance of winning your case if it goes to Arbitration. And guess what? If you win, the Toyota dealership can appeal the case and leave you hanging for years. Good luck to you, and please keep us updated.
WELCOME TO THE ARBITRATION SYSTEM IN AMERICA- ONE BIG LIE AND I CAN PROVE IT
Karl
Highlands Ranch,#9Consumer Comment
Sat, April 06, 2013
You can stay at this website and type in- ARBITRATION CHURNING AND OTHER DIRTY TRICKS, and click on Ripoff Report #1065 and read it for important information about the Arbitration System. Feel free to read the consumer comments for additional information. Good luck to you!