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#51
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He is one that I do want to chat with about this if anybody has a email address for him please email me with the info.
Pantera
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70 BM Phase III GT Vette 69 BM SS427 GT vette? 69 L78 Nova 7k mi 73 Pantera 69 Vette B/P SCCA |
#52
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Neither GM nor the PBS is libel for what happens, and have never been to court. You see, the PHS paperwork you receive is a legal document, thus stands on its own merits. This according to Jim Mattison.
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Tom Clary |
#53
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Jim is quite correct, as the document falls under the "Business Records" exception to the hearsay rule. If someone was to sue a prior seller for a bogus car, they would simply place the PHS sheet into evidence as it is an official record of GM. No one at GM gets called as a party to the lawsuit.
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#54
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Steve,
I can appreciate that, but here is where my point of reference lays. If GM does in fact have records of the builds where they have claimed along that they don't, doesn't that open them up to the following suit. A guy files claim against GM stating that GM could have released these documents years earlier and prevented him from buying a car that he thought was a real Copo? Couldn't they argue that had GM released that info years earlier that it could very well have prevented a lot of misrepresented deals. Doesn't this give merit to a lawsuit against GM?
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1969 Documented Z/28 1968 Documented RS (Z/28 Clone) |
#55
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That point is only valid if in fact they have the records. No one has gone on record to say the absolutely have the records. Just alot of "seems like" or "believe they have". Just speculation at this point...
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Steve Shauger The Supercar Registry www.yenko.net Vintage Certification™ , Providing Recognition to Unrestored Muscle Cars. Website: www.vintagecertification.com |
#56
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Bingo!
And most likely why they are "unknowingly" discarding those records everyday. |
#57
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It's probably also only valid if this person can prove that they requested the info from GM and was told that the records don't exist. If the car was bought from a private person and contains a sold "as is" clause then there is really no recourse the seller can always claim that the conversion was done by someone previous to them as well. It's buyer beware, if you don't do your homework your out the dough.
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#58
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[ QUOTE ]
It makes the 50,000 fake 69 Z28s out there seem insignificant by comparison. [/ QUOTE ] Like this one on Ebay now? 50,001 now. Thank god for TrimTags.com or wherever these are coming from. |
#59
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[ QUOTE ]
Steve, I can appreciate that, but here is where my point of reference lays. If GM does in fact have records of the builds where they have claimed along that they don't, doesn't that open them up to the following suit. A guy files claim against GM stating that GM could have released these documents years earlier and prevented him from buying a car that he thought was a real Copo? Couldn't they argue that had GM released that info years earlier that it could very well have prevented a lot of misrepresented deals. Doesn't this give merit to a lawsuit against GM? [/ QUOTE ] No, it would be thrown out. Unfortunately in our wonderfully litigious society most people seem to believe the following mantra: "It's never my fault, who can I sue?". You cant sue GM for not preventing you from getting ripped off. The responsibility is on the buyer, absent total misrepresentation, to verify what he's got. Didnt we all see the Brady Bunch episode on "Caveat Emptor"? where Greg buys the 57 Chevy???? ![]() I equate these lawsuits to the "Wrongful Life" lawsuits. You're probably familiar with "Wrongful Death" where someone rightfully sues another person, like a drunk driver for killing their family member. Well, in wrongful life lawsuits, they sue the doctor for allowing their "defective" child to be born claiming: if I had known the child would have had this defect, I would have aborted him. You have people suing for all sorts of defects like brain damage, birth defects, attention deficit disorder, failure to clean up their rooms, etc. But who's to blame? Are you really going to try to make a doctor pay for letting your child exist? .....Are you going to make GM pay for letting you buy a "birth defective" car? And where does it stop? Do you sue for the car having the wrong shade of green on it now, versus what is was built with? Rallye green vs. British racing Green? Just thought I'd start y'all on a nice slippery slope. ![]() |
#60
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All this lawsuit talk is a red herring as Steve has indicated. Larry, I will send you Jim's email addy if you do not have it already.
Obviously Larry cannot run this by himself. We are going to have to 'divide and conquer'. Anyone volunteering to be part of this drive should contact Larry and identify any organizations/clubs/memberships/people you have influence with so that you can help get members of said org. 'signed up'. Anyone with influence in publications (you know who you are), and television are also incouraged to volunteer to take part. If you don't have any relationship with any orgs, there will still be plenty of work to be shared here so your help will still be appreciated. As Larry said, one year of actively recruiting signatures can have positive results but for the people involved with organizing this, a year can go by very quickly. The sooner we get going, the better. ![]()
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It is impossible to certify a COPO or Z/28 as authentic without verifying that it is not a rebody... |
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