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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I bought a pickup at www.copart.com they have 162 facilities

Customer Question

Hi.
so i bought a pickup at www.copart.com they have 162 facilities i live in Portland Oregon this site is an action where insurance agency sells there cars thru. so i bit online at Pasco Washington facility and i win the bid the description of a vehicle said
primary damage- allover.
odometer - 119.580miles
highlights- engine start program
seller - farmers insurance
and it also had pictures so i could see the condition its in but it didn't say that its had an stript engine
so i hired a tow company to pick it up and deliver it to Port of Pasco to a storage yard where they have guards and everything so next day i had another company to pick it up they to do delivery to Portland OR and aperentry truck didn't start the driver was on a phone with me said when he opened the hood he saw a fuel lines unhooked and fuel injectors missing and a turbo was hanging loose on two bolts thats all it was visual to his, so i told him not to pick the truck up, and it was after hours so copra was closed at that time. i called them next day to speak with a manager told him whats going and said i want to undo the deal because the description didn't mach and it was miss represented. he said it was not his problem he was rude and didn't care i told him i was gonna get a lawyer and he threatened to close my account with them and hang up the phone.
the vehicle is at port of Pasco at this time i do not know what to do next.
Submitted: 12 months ago.
Category: Business Law
Customer: replied 12 months ago.
Here is what it looks like
Expert:  CalAttorney2 replied 12 months ago.

Dear Customer,

I am sorry to learn about this situation.

As you have an account with this vendor, it is more likely than not that you also have a dispute resolution agreement with them (it should be one of the clauses in your account agreement, and/or in the sales agreement for the auction papers). Check this carefully as you will want to follow this procedure exactly if it exists.

If it does not exist, I would suggest attempting further negotiations in writing - telephone conversations are okay, but they are subject to differences in interpretation and simple misunderstanding. If you speak to someone by phone, promptly follow up with a "confirmation letter" to the other party summarizing what you discussed, any agreements you reached, and what further action is to be taken (if any).

You can file suit over "fraud in the inducement" - a false representation of material fact - which, if successful, would make the contract "voidable" (meaning you as the injured party can enforce or void the contract at your option).

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.