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My question boils down to: is it legal to sell a vehicle with non-functional airbags? I am located in Omaha, NE. I am planning on selling a 1999 cargo van that has a WA state rebuilt title in my name. I do not know the full history of the vehicle, when I bought it the title already said rebuilt. It's a fine running/driving vehicle but the airbag light is on and I do not know if the airbags are functional or not. I just drove it from WA to NE with no issues. My question is, if I sell the cargo van to someone "as-is", is there any way for me to be held responsible for the the condition of the airbags (or any other mechanical condition)? I'm planning to sell it for a bargain and be upfront about it's faults and make clear that it is sold as-is with no guarantees. Do you guys think I should have them sign something saying they understand it is sold as-is and that they understand that the airbag system is non-functional and requires inspection and repair? Please let me know your thoughts, I don't want to go to a lawyer over a <$2000 vehicle but I don't want this to come back to me, either.
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Nov 9, 2012 19:55
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APOLLO OHNO-UDIDNT posted:My question boils down to: is it legal to sell a vehicle with non-functional airbags? ... Selling a car as-is was discussed on page 196 but it was regarding brakes. Still might be helpful though.
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Nov 10, 2012 00:30
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I hear it's a great idea to obviously alter documents, then submit them as evidence under penalty of perjury, confirm/deny? loving amateur hour over there, I'm really looking forward to the court date now.
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Nov 10, 2012 01:45
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Spoondick posted:I hear it's a great idea to obviously alter documents, then submit them as evidence under penalty of perjury, confirm/deny? loving amateur hour over there, I'm really looking forward to the court date now. I just want to call this now: this story ends with Spoondick posting about how he spent a night in the cells for contempt.
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Nov 10, 2012 01:50
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Alchenar posted:I just want to call this now: this story ends with Spoondick posting about how he spent a night in the cells for contempt. quote:The attached Incident Reports written by EMPLOYEE 1, EMPLOYEE 2 and EMPLOYEE 3 show clear evidence of the original date being modified from 11/02/12 to 11/01/12 to make them appear like they were written immediately after events on 11/01/12, rather than a day later when statements could’ve been colored by conversation between employees, key information could’ve been forgotten or employees could have received coaching on what to write. EMPLOYEE 3's statement in particular appears to be either the product of extensive coaching or a deliberate attempt to indemnify me of wrongdoing instead of an accurate portrayal of her perception of facts as they occurred, as it starts with the phrase “To whom it may concern.”
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Nov 10, 2012 01:54
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They wrote a 1 over a 2... on three separate documents... written by three different people.
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Nov 10, 2012 01:58
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Well, if you're going to lie anyways, you might as well double down and take a conviction for fraud at the same time.
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Nov 10, 2012 04:06
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Spoondick posted:The attached Incident Reports written by EMPLOYEE 1, EMPLOYEE 2 and EMPLOYEE 3 show clear evidence of the original date being modified from 11/02/12 to 11/01/12 to make them appear like they were written immediately after events on 11/01/12, rather than a day later when statements could’ve been colored by conversation between employees, key information could’ve been forgotten or employees could have received coaching on what to write. EMPLOYEE 3's statement in particular appears to be either the product of extensive coaching or a deliberate attempt to indemnify me of wrongdoing instead of an accurate portrayal of her perception of facts as they occurred, as it starts with the phrase “To whom it may concern.” This is an assertion without evidence, rather than evidence. Do you have the originals? Any changes to the docs that are material? I would think you'd prefer employee 3 to indemnify you of wrongdoing. For an RO, I'd think they'd just go for the putting fists through doors bit(s). You need a lawyer, either to talk you down or to fight the RO properly.
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Nov 10, 2012 05:44
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joat mon posted:This is an assertion without evidence, rather than evidence. Do you have the originals? Any changes to the docs that are material? They submitted 4 statements hand-written by 4 different employees as attachments to a Petition for Workplace Violence to establish a need for protection. When I was served the temporary restraining order, I received copies of all the documents, including the 4 hand written statements. 3 of the 4 hand written statements had been altered to change the date each employee had written the statement from 11/2/12 to 11/1/12. The court has the same documents I do. The only statement which was not altered was dated 11/1/12, and was written by the guy I turned in. edit - removed They did some pretty hilariously inept things in the petition. They claimed I used or threatened to use a weapon, and when describing the weapon they said I used my hands. They also stated I injured an employee, but they made no further statement regarding that beyond checkbox. This is being filed under California CCP 527.8. The only avenue of action for me I see in there is this: (i) The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence. ... but that looks a little slippery. As much as I'd like to hire lawyer, I just quit my job without any savings, I have 2 weeks until court, and I have no right to a free attorney for this. Spoondick fucked around with this message at 17:39 on Nov 11, 2012 |
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Nov 10, 2012 06:28
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Spoondick posted:They submitted 4 statements hand-written by 4 different employees as attachments to a Petition for Workplace Violence to establish a need for protection. When I was served the temporary restraining order, I received copies of all the documents, including the 4 hand written statements. 3 of the 4 hand written statements had been altered to change the date each employee had written the statement from 11/2/12 to 11/1/12. The court has the same documents I do. The only statement which was not altered was dated 11/1/12, and was written by the guy I turned in.
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Nov 10, 2012 06:52
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Spoondick posted:They submitted 4 statements hand-written by 4 different employees as attachments to a Petition for Workplace Violence to establish a need for protection. When I was served the temporary restraining order, I received copies of all the documents, including the 4 hand written statements. 3 of the 4 hand written statements had been altered to change the date each employee had written the statement from 11/2/12 to 11/1/12. The court has the same documents I do. The only statement which was not altered was dated 11/1/12, and was written by the guy I turned in. Spoondick posted:Nobody actually saw me punch the door, I was alone in the basement of the building. The only thing I did after that was say "I quit" and walk out the door. I was obviously pretty upset because of the circumstances, could that mitigate me getting punchy? Spoondick posted:They did some pretty hilariously inept things in the petition. They claimed I used or threatened to use a weapon, and when describing the weapon they said I used my hands. They also stated I injured an employee, but they made no further statement regarding that beyond checkbox. The direction you've sent this isn't going anywhere good for you. Again, please go talk to a lawyer.
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Nov 10, 2012 07:02
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APOLLO OHNO-UDIDNT posted:My question boils down to: is it legal to sell a vehicle with non-functional airbags? I am located in Omaha, NE. I am planning on selling a 1999 cargo van that has a WA state rebuilt title in my name. I do not know the full history of the vehicle, when I bought it the title already said rebuilt. It's a fine running/driving vehicle but the airbag light is on and I do not know if the airbags are functional or not. I just drove it from WA to NE with no issues. I'm pretty sure federal law prohibits this. I'd tread very carefully. Spoondick posted:As much as I'd like to hire lawyer, I just quit my job without any savings, I have 2 weeks until court, and I have no right to a free attorney for this. FYI, you've probably already admitted to a crime in this thread that could land you 3 years, a $10,000 fine, and a 1 year drivers license suspension. nm fucked around with this message at 07:31 on Nov 10, 2012 |
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Nov 10, 2012 07:24
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Fair enough, guess I'll try to pass the hat around to friends and family and see what I can muster.
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Nov 10, 2012 07:38
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Spoondick, seriously, consult a lawyer already. Even if you have to put it on a credit card. You really are not up to handling this yourself. The entire way you've handled this from start to finish makes that clear in spades. That's not meant as an insult; that's meant as a reality check. Besides local Bar referrals, you could *try* to get CASP involved. Not my area of law at all, but it wouldn't hurt to tell them why you think you're being hit up with a restraining order and about your whistleblowing activities. They might think that falls under the anti-SLAPP purview.
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Nov 10, 2012 07:39
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mookerson posted:College Park, MD I imagine the crisis has probably resolved itself now, but to be honest, this is why it's a really good idea to have a back-up heat source of some kind, like an plug-in electric heater, and spare blankets/duvets for the bed. Something similar once happened to me when my boiler was being repaired. I'm not an (American) lawyer, and it will come down to the exact terms of your lease, but I doubt any court anywhere would award you damages for your landlord and/or their workmen taking a few days over these repairs. If it was weeks or months you might have a case. Sorry.
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Nov 10, 2012 12:01
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nm posted:I'm pretty sure federal law prohibits this. I'd tread very carefully. That has me worried. After reading the discussion on pg. 196 of this thread, I did a bunch of googling, and what I found said that federal law requires new vehicles to be sold with air bags. Additionally some states, such as Florida and New York, have laws against replacing a blown air bag with a non-functional one with an intent to deceive the buyer. There may be some restriction on dealers as well in some areas, but I can't find anything to suggest that it is against the law for a private party. I'll contact the NE state agency that oversees these things and ask them, also. I found an interesting article by a Texas lawyer that discusses this issue. Here is a link, he even includes a recommended disclosure form http://www.michaelwdunagan.com/airbag_article.pdf Does that form look like something I could possibly use if I substituted my name for "Dealer"? Ugh, replacing the airbags on this vehicle would be prohibitively expensive for a 13 year-old rebuilt cargo van. If I can't sell it due to a huge liability problem I guess I'll just use it as a Home Depot runner or whatever. APOLLO OHNO-UDIDNT fucked around with this message at 15:51 on Nov 10, 2012 |
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Nov 10, 2012 15:47
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I thought spoondick's first post looked a little pro se-crazyish, but let it go, and look how fast he unspooled
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Nov 10, 2012 19:33
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terrorist ambulance posted:I thought spoondick's first post looked a little pro se-crazyish, but let it go, and look how fast he unspooled He's someone who responds to stress and adversity with violence and is involved in a serious dispute where he is utterly convinced he is right. How could this story possibly end badly!
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Nov 10, 2012 19:40
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APOLLO OHNO-UDIDNT posted:Ugh, replacing the airbags on this vehicle would be prohibitively expensive for a 13 year-old rebuilt cargo van. If I can't sell it due to a huge liability problem I guess I'll just use it as a Home Depot runner or whatever. IANAL, I can see a pretty big issue from skimming Nebraska's DMV website. You're in Nebraska but your car is titled in Washington, meaning you've got a bit of an issue if you're a Nebraska resident with a car not registered in state (most states give you a 30 day window and yes, I've been ticked for this before). So if you keep it and don't register it, every traffic stop for you will end up with a minor ticket. Where it's going to bite you for selling is that an inspection is required to title it in Nebraska, so they're going to find out about the state of the airbags very soon. And that's assuming that you yourself won't have to get one to sell the fool thing. This'll also be an issue if you keep it, as resolving the airbag light should be required to pass inspection. But, there's a little bright side here, if you apply for a salvage title, you don't need an inspection and avoid this whole issue (scroll down on the link and you'll see salvage titles are exempt from inspections). Really, you shouldn't be hurting the value of this thing if you go that route as it already has a rebuilt title and the only ones willing to buy a vehicle would be willing and able to get the necessary fixes in, even without making it a salvage. Lastly, simple car chat. An airbag light doesn't equate to a blown airbag, I had one in my old car that was due to a broken clock-spring (a wire in the steering wheel). Go to a shop that deals with airbags and ask them to diagnosis it for you. And yes, airbags are special and not everyone that deals with cars is licensed to deal with them.
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Nov 10, 2012 22:12
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BirdOfPlay posted:And yes, airbags are special and not everyone that deals with cars is licensed to deal with them. Fun fact: Airbags are classified as explosives in the International Maritime Dangerous Goods code. As in you need to slap a big old "EXPLOSIVE" sticker on their containers. That is to say, don't gently caress with airbags.
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Nov 10, 2012 22:40
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I got done dealing with a completely fraudulent software consulting company a while back - I was signed on to be a consultant and went through their training program and everything. After all that, their "marketing team" assigned me a resume with multiple years of fake experience at various large institutions that I was meant to lie to recruiters about. I quit because, well, that's just not something I want to do. But I'm wondering is this legal? Should I file a complaint with the FTC or some other organization? I know that a lot of international kids come through this company and get their H1-Bs after supplying the false credentials, and some of their clients are definitely government organizations, so it may be grounds for conspiracy do defraud the US. I'm thinking it could go under "laws that prohibit false statements to Federal agencies, perjury, obstruction of justice, conspiracies to defraud the United States and mail and wire fraud" Just want your opinions on if any of you think anything can/would be done about this company - after all this I know this type of thing is not actually too uncommon - and if so how to go about doing it. Colonel Taint fucked around with this message at 02:13 on Nov 11, 2012 |
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Nov 11, 2012 01:48
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BirdOfPlay posted:Where it's going to bite you for selling is that an inspection is required to title it in Nebraska, so they're going to find out about the state of the airbags very soon. And that's assuming that you yourself won't have to get one to sell the fool thing. This'll also be an issue if you keep it, as resolving the airbag light should be required to pass inspection. The NE DMV inspection has nothing to do with issues like this. All they do is verify the VIN and odometer reading and run a check to make sure it isn't stolen.
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Nov 11, 2012 02:45
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If a RO was filed by a layperson on behalf of a corporation, that's unlawful practice of law, right? Would that be grounds for dismissal? Also contempt, I would assume.
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Nov 11, 2012 07:18
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Spoondick, I've been a tech for going on nine years. I know where you're coming from with this. That pharmacist screwed up bad. So did you. GET A GODDAMNED LAWYER. You are not a lawyer and if you do this yourself you are going to jail. We only have your side of the story and you have not been painted well. A judge and/or jury is going to take one look at this and not see an isolated outburst, they are going to see a pattern of volatility and then your credibility is shot. Fix your previous posts and don't be that guy who tried to go pro se on a bunch of DUIs. Good luck to you.
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Nov 11, 2012 08:38
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Spoondick posted:If a RO was filed by a layperson on behalf of a corporation, that's unlawful practice of law, right? Would that be grounds for dismissal? Also contempt, I would assume. Quit while you're ahead son drat
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Nov 11, 2012 09:32
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Spoondick posted:If a RO was filed by a layperson on behalf of a corporation, that's unlawful practice of law, right? Would that be grounds for dismissal? Also contempt, I would assume. You are coming at this from a place of anger and there is a saying, a lawyer (anyone) who represents himself has a fool for a client. Do not try to figure it out yourself because you do not know how to navigate the court systems. If you go to court saying stuff like that you will lose all credibility and make people think you are nuts. What you say here may or may not be true, but it means nothing unless you can make a court find in your favor. That's why everyone is telling you to get a lawyer. If you try to do it yourself there is a high chance that it could backfire in a big way and then you will need a lawyer just to deal with the consequences anyways.
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Nov 11, 2012 15:59
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Hey thread, How wrong would it be for me to refer Spoondick to some information on Sovereign Citizenship and to tell him to go hog wild with it? I mean, if Spoondick were no longer a US Citizen, but a Sovereign Citizen, the Workplace Violence Court would no longer have Personal Jurisdiction over him anymore, right?  (Also, he wouldn't have to pay taxes or speeding tickets, either.)
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Nov 11, 2012 16:55
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Re Spoondick: An attorney would have an extremely high chance of beating the restraining order. On your own, it's like a 50/50 crapshoot. Your assumptions are kooky, and if you said them outloud in court then the judge would start thinking you're a kook that needs a restraining order to leave their former workplace alone. There's an easy out-of-court solution to this, and you're not capable of doing it on your own. Call an attorney, it won't cost a ton. To answer your specific question: I'm sure the company is naming a specific manager or CEO as the complaining party. That path is not a solution.
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Nov 11, 2012 16:59
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Spoondick posted:If a RO was filed by a layperson on behalf of a corporation, that's unlawful practice of law, right? Would that be grounds for dismissal? Also contempt, I would assume. Things I don't know much about - US law, US employment practices, pharmacies and the regulation thereof. Things I do know - everyone I've ever dealt with who got involved in a legal dispute and wasn't legally represented at best ended up with a load of stress and hassle they didn't need and at worst got completely screwed. HIRE A LAWYER AND STOP POSTING ABOUT THIS, BEFORE YOU TALK YOURSELF INTO MORE TROUBLE.
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Nov 11, 2012 17:02
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edit2: Actually... I see you can't ask if you have a claim or not but I have a friend who is not looking to file a lawsuit but does have a question regarding stolen property, can I post it here?
huskyjackal fucked around with this message at 22:14 on Nov 11, 2012 |
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Nov 11, 2012 22:07
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huskyjackal posted:edit2: Actually... I see you can't ask if you have a claim or not but I have a friend who is not looking to file a lawsuit but does have a question regarding stolen property, can I post it here?
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Nov 11, 2012 22:20
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Ok, a friend of mine is a freelance artist/web designer/photographer. Her ex-boyfriend is holding a hard drive hostage that contains both personal work and commissions for clients because he thinks she still has an album of his that her parents returned to him years ago. She says the contents are worth thousands of dollars. He also claims "because I was joint on the lease, I also owe him over $1,000 for half of the Netflix, BestBuy credit card, and DWP payments for 2 years...all accounts that were solely in his name." She cannot afford an attorney and doesn't have any insurance that covers property. She does not know where her ex is living now and to complicate things further the hard drive is owned by her friend and he does not have the original receipt for it. Without proof of ownership is she still able to file a police report at all (or her friend)? Is she completely out of luck and what should she do? ps: she lives in California in LA/right outside LA.
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Nov 11, 2012 22:58
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I'm trying to read up on ADA/Equal Opportunity stuff but it's somewhat hard to understand for a non-lawyer type like me. I was offered a teaching job at a charter school. In the new hire paperwork, they require me to fill out some information on my medical history. If me or my physician discloses that I have had treatment for substance abuse in the past, what can they possible do with that information? I'm willing to submit to any drug tests, I've been clean for over 6 months. I just don't know if I should even answer the question...or if that would be considered lying... I just have no idea how to go about filling out this paperwork in order for me to not lose my job or my employer's trust in me as a teacher. Thanks. P.S. This is in New York City
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Nov 12, 2012 00:36
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I've been advised to apply for disability, so I am going to go ahead and do so since I can barely leave the house. But, I've also been told to get a lawyer to apply since the task is quite daunting unless you know the system. I last applied a decade ago and was denied because medicaid paperwork wasn't filed on time(my lovely mother didn't think I needed it anyway), so most records I do have are obsolete. Even medical records are either gone or obselete. I live in Florida. I just need an idea of what to do and how to deal with the online application since that sounds easier than a bunch of paperwork.
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Nov 12, 2012 04:29
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You're in luck! Disability lawyers will generally take cases on contingency (where they get a cut of your final settlement). Find one you like and they should help you with the process. The OP has covered finding a lawyer fairly well.
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Nov 12, 2012 04:35
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I was hoping someone could briefly explain the Speech or Debate clause. Disclaimer here is that I'm in the Philippines, but our laws and Constitution were very heavily patterned after America's, so I'm hoping that there are enough similarities that the answer will still be valid. The context here is that one of our senators was caught repeatedly plagiarizing other people's works during his speeches in the Senate. He's taken at least 3 articles from pro-choice people and used them in a pro-life speech. To make it even crazier, he also ripped off part of a speech by Robert Kennedy--and this was already after he got caught plagiarizing several times. I don't expect him to get sued or arrested, since as far as I know, plagiarism isn't a criminal offense, but I'm really pissed off at how he and his cohorts have responded to the plagiarism charges--the relevant part here is that he keeps citing our equivalent of the debate clause, saying he enjoys parliamentary immunity, and that nobody is allowed to question him because the plagiarized speeches were delivered while he was acting as a lawmaker. This is also why he and our senate president have been handwaving the joint complaint filed by 3 bloggers and Kennedy's daughter--immunity. Is there a sane response to this? What can our not-crazy politicians do about these guys?
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Nov 12, 2012 10:07
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Parliamentary immunity would definitely apply under US law, but in the US anyone who abuses it would be severely sanctioned by the legislative body itself. Here is an example of what happens when someone breaches the rules of decorum in the US House.
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Nov 12, 2012 11:09
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Javid posted:You're in luck! Disability lawyers will generally take cases on contingency (where they get a cut of your final settlement). Find one you like and they should help you with the process. The OP has covered finding a lawyer fairly well. I have to say this is the way to go, I have a friend who handles social security disability stuff only and she says outcomes are much better with an attorney (of course, she would say that...)
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Nov 12, 2012 13:43
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You should also figure out why he's claiming parliamentary immunity. If he's claiming it because you're threatening him with a lawsuit (civil or criminal), then it might apply. If he's claiming is as a justification that he's done nothing wrong, or is beyond reproach, then he's off his rocker. Immunity like that tends to apply to avoid forcing government officials to bear personal liability (primarily financial liability) for their acts in office. That means he can't be sued. But that doesn't in any way mean that what he did was legal (just that it's not punishable), nor does it mean what he did was ethical.
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Nov 12, 2012 15:58
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Pleiades posted:I've been advised to apply for disability, so I am going to go ahead and do so since I can barely leave the house. But, I've also been told to get a lawyer to apply since the task is quite daunting unless you know the system. I last applied a decade ago and was denied because medicaid paperwork wasn't filed on time(my lovely mother didn't think I needed it anyway), so most records I do have are obsolete. Even medical records are either gone or obselete. Sent you a PM.
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Nov 12, 2012 18:38
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