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Old 12-13-2005, 09:46 PM
Lynn Lynn is offline
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Default Re: Trim Tag: none at all or repro?

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For instance, now everyone is questioning every tag, just because
there are so many fakes out there. You can’t help that it had no tag when you bought it.
However, if the car ever does change hands and a fake tag is discovered, the assumption is going
to be that the whole car was faked.

Again, just my opinion.

Lynn

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My thoughts are with you and Vern. I would like to add to the above comment by raising a question.

What if one was faked and the car sold and some new 2nd owner down the line found out and went back in a lawsuit against each previous owner seeking money for the difference in value or his money back?

I realize there is a time limit like 3 or 5 years here in Okla. but would faking one and not discloseing something like this not leave a person a sitting duck for a lawsuit?

Pantera

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Actually the limitation is 2 years for fraud, but the two years does not begin to run until the fraud is discovered. Actual wording of the Okla Statute is "... Two years....an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud". The courts have further defined the discovery to include not only actual discovery, but the time a "reasonable man" (fictitious nonexistant person - if we are men we can't be reasonable, just ask your wife)would have, or should have discovered the fraud.

Lots of liablility hanging out there in my opinion. I know from personal experience that one of the guys that frequents this board came within an eylash of getting sued by a guy who had the bucks to finance a serious lawsuit. He doesn't know how lucky he was that the buyer ended up making enough on the car that he essentially had no damages.
Check some of the Ferrari boards. It is my understanding some guys have gotten hammered pretty bad in court after changing tag info. Yeah, it was legal to do it to their own car. But fraud is fraud, and if it is used to deceive, and someone gets burned, there can be serious civil repercussions. If it happens in the right state, with an agressive DA or AG, could also end up with some criminal repercussions.

No, I don't think we should run to court every time someone causes a hangnail. If damages get serious enough, that is where it will end up. After all, the real fraudsters are doing it to make more money. If they get hit in the pocketbook, maybe they will quit.

Lynn
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