Oh Goodness what have I done. Help!

[psinger]

Hello all. This is my first and hopefully my worst post. I need help and I know that this is the forum is the place to get it.
Here is what I have done. Two weeks ago I thought I would get into the Cobra ownership game by purchasing an uncompleted kit. The specs were pretty good so I thought that I would take a chance and purchase the parts to move ahead on the project.

Cardiac cobra frame
Everett Morrison Body
Art Morrison Suspension
Jag Rear end
Wildwood Brakes
Rebuilt 429 with new 4 spd. toploader
All the parts - excluding the interior and dash to finish the car.

It was a rolling chassis so I thought how much could be wrong. Seemed like a good deal for 16K. I wrote a very strong contract outlining the specifics of the kit (a memorandum of understanding for what I would be getting) and I sent a truck and trailer off to go get the kit. What returned back to me was not what I expected... At all. He said that the front of the car had been fitted to the frame but the back still needed to be done.

Here is what I have figured out. Cardiac Cobra frames are 92" wheelbases and Everett Morison bodies are 90" I now understand that they cut the body to lengthen it. Problem is just adding two inches through the door is not going to cut it (not to mention look funny) There is a considerable amount of cutting that needs to be done in the trunk to make it sit on the frame. Also for some unknown reason, they cut the trunk lip off. I have no idea why?

Here is my question. What do I do now? My contract is very clear and as a litigator, I can make this guy wish he had never met me. That being said, do I have sufficient parts that I should just punish him a bit and get on with it, or should I just make him take the kit back and start over?

I would appreciate you thoughts and comments.

[Dimis]

Psinger,

Welcome... and sorry to hear of your plight.

What "I" would do next is - Reflect for a moment, and honestly assess the following.


Do I found myself in this predicament because of:

a) a lack of due diligence on my part, or
b) a blatant attempt to misrepresent the item for sale on the part of the vendor?


If a) I have only myself to blame, I'd put my tail between my legs and make the best of it.

If b) then I would pursue accordingly.


Just because legally you may be able to make this guy wish he never meet you, doesn't mean you are in the right to do so. I'd let my conscious guide me here.



Just sayin'

[Ron61]

Psinger,

Just my opinion but since you sent a trailer to get it, I am guessing you could have driven over and looked at it before buying it. However I think that I would at the least make him take it back and refund the money as you are in for a lot of work and need a good fiberglass man. Also since you haven't heard or seen the engine run, is it and the transmission good. What was the reason this guy wanted to sell it at that price which would have been a good one if everything fit. To me what you got was a combination of trying to make two different kits into one and nothing fits.

I believe you would be ahead to buy a Cobra that is from one brand and either building it yourself or look for a completed one that you can go try out and go that route.

Sorry to hear about the mess you got into but these cars need to be checked out before you buy a partially assembled one on someone's word and pictures.

Ron

[750hp]

Originally Posted by psinger

The specs were pretty good so I thought that I would take a chance and purchase the parts to move ahead on the project.
....
It was a rolling chassis so I thought how much could be wrong. Seemed like a good deal for 16K.
....
He said that the front of the car had been fitted to the frame but the back still needed to be done.
....
There is a considerable amount of cutting that needs to be done in the trunk to make it sit on the frame.

....as a litigator, I can make this guy wish he had never met me. That being said, do I have sufficient parts that I should just punish him a bit

You rolled the dice thinking you were getting a good deal, you knew where the significant work was required, and now you want to wield the litigator stick to "punish" the seller? I'm pleased that there are some other gents on this forum in the legal profession who strike me as passionate Cobra enthusiasts and reasonable people.

[BAsque1]

Originally Posted by Ron61

Psinger,

Just my opinion but since you sent a trailer to get it, I am guessing you could have driven over and looked at it before buying it. However I think that I would at the least make him take it back and refund the money as you are in for a lot of work and need a good fiberglass man. Also since you haven't heard or seen the engine run, is it and the transmission good. What was the reason this guy wanted to sell it at that price which would have been a good one if everything fit. To me what you got was a combination of trying to make two different kits into one and nothing fits.

I believe you would be ahead to buy a Cobra that is from one brand and either building it yourself or look for a completed one that you can go try out and go that route.

Sorry to hear about the mess you got into but these cars need to be checked out before you buy a partially assembled one on someone's word and pictures.

Ron

Ditto here, don't take someone's problems, have the previous owner take it back, this is clear misrepresentation. I do agree, that you should have look at it "in the flesh" so to speak before you open your wallet. Albeit, you don't want to get involved in this reshuffling of parts and fiberglass. The last thing is what Ron is saying, is the engine and tranny wholesome...? do you know?
IMHO
Lou

[Tommy]

psinger,
You didn't mention what paperwork came with the parts you bought. Have you considered the challenges of titling and registering this car where you live when it is complete? If you haven't, you may be facing a much bigger challenge than assembling the parts.

As an aside, I recently bought an older RV based partly on assurances by the seller that there was no significant water damage in the walls. Turned out he lied and had deliberately hidden some damaged areas. I was disappointed, but not enough to demand a refund because I had bought it for about half of its prevailing market value. I should have checked it more carefully, but I was partially blinded by the low price. ... Sound familiar?

[kevins2]

Good comments so far. It is hard to provide the good advice you're seeking not knowing your skill and experience level. From what you've described, this will be a challenging project even for a skilled builder.

[dallas_]

Originally Posted by kevins2

Good comments so far. It is hard to provide the good advice you're seeking not knowing your skill and experience level.

I agree with all that's been said so far.

Plus part of the equation is what the value would be when it's complete. Seems to be a bit of a mutt which will make it harder to sell when that time comes.

If you keep it, you may find it easier to shorten the frame by 2" than to lengthen the body by that amount.

[DanEC]

Originally Posted by dallas_

If you keep it, you may find it easier to shorten the frame by 2" than to lengthen the body by that amount.

I agree - however it sounds like they may have cut and spliced the body already - not sure. Also, those headers pictured in a couple of the photos are not going to work.

Cutting and splicing back the frame would not be difficult. Most use an internal sleeve at the splice point and drill some holes in the outside frame weld to also plug weld it for additional strength. The trick may be to verify that the body will still fit properly under the body based on where the 2 inches is taken out. Strength wise, it's best to cut and splice as close to one of the axles as possible and avoid the middle area of the wheelbase to put the splice since this is where bending moment is the greatest. But if an internal sleeve is used along with some plug welds it won't be especially critical.

As far as recourse against the seller - unless he misrepresented the car in writing or advertisement, I would think it would be difficult to go back on him. Even if he verbally misrepresented it, it's his word against yours. Most used product sells are "as is" and "buyer beware" unless there is documented misrepresention. But as a self-described litigator you already know where you stand on that.

[mrmustang]

First, welcome to Club Cobra....

Originally Posted by psinger

Hello all. This is my first and hopefully my worst post. I need help and I know that this is the forum is the place to get it.
Here is what I have done. Two weeks ago I thought I would get into the Cobra ownership game by purchasing an uncompleted kit. The specs were pretty good so I thought that I would take a chance and purchase the parts to move ahead on the project.

Cardiac cobra frame
Everett Morrison Body
Art Morrison Suspension
Jag Rear end
Wildwood Brakes
Rebuilt 429 with new 4 spd. toploader
All the parts - excluding the interior and dash to finish the car.

It was a rolling chassis so I thought how much could be wrong. Seemed like a good deal for 16K. I wrote a very strong contract outlining the specifics of the kit (a memorandum of understanding for what I would be getting) and I sent a truck and trailer off to go get the kit. What returned back to me was not what I expected... At all. He said that the front of the car had been fitted to the frame but the back still needed to be done.

Here is what I have figured out. Cardiac Cobra frames are 92" wheelbases and Everett Morison bodies are 90" I now understand that they cut the body to lengthen it. Problem is just adding two inches through the door is not going to cut it (not to mention look funny) There is a considerable amount of cutting that needs to be done in the trunk to make it sit on the frame. Also for some unknown reason, they cut the trunk lip off. I have no idea why?

Here is my question. What do I do now? My contract is very clear and as a litigator, I can make this guy wish he had never met me. That being said, do I have sufficient parts that I should just punish him a bit and get on with it, or should I just make him take the kit back and start over?

I would appreciate you thoughts and comments.

Sounds to me like you have buyers remorse and now realize that your skills are not up to the task and you are in over your head. It happens quite frequently when someone purchases a partially complete cobra "for cheap" on the web. If you had only done your true due diligence and had a PPI (pre-purchase inspection) done, you would not be in this mess. So, unless the seller is a business entity, or a trained mechanic, I think going to litigation, or even threatening to do so is a poor choice on your part. Again, your own words posted above are against you, you were honest in making the initial post, but it shows that you went in to it with your eyes wide open, so legal recourse is really not an option, unless you want to sue yourself for making the purchase in the first place. At this point you have three choices, sell it with "full disclosure of what you now know", attempt to piece it together, or part it out in an attempt to recoup your initial investment.

In closing, and of course this is a little late for you, but there is a link in my signature line that outlines the basics of buying a used Cobra, I suggest you read and reread it so you do not experience buyers remorse again.

Sincerely,

Bill S.

[patrickt]

Originally Posted by psinger

Here is my question. What do I do now? My contract is very clear and as a litigator, I can make this guy wish he had never met me. That being said, do I have sufficient parts that I should just punish him a bit and get on with it, or should I just make him take the kit back and start over?

What, they have no bad faith canons in your state? You'd look pretty stupid if that quote comes out in discovery... which it will. I think you should just sell what you can and chalk it up to a tough lesson learned. Buying anything in this hobby for $16k is like throwing your money off a cliff.

[blown]

From what you have said it seems he told you everything I have built many cars in my day and I still get remorse some times I think instead of thinking about how bad it is look at the good points and try to make it work from here you will have more satisfaction even if you decide to not finish it. I would make the chassis work for the body its much easier to work with metal than glass as for title its a home built just save all the receipts you can do it just try.

[PSB]

Wow, that's quite a gamble just to save a few bucks. By the time you get it right, your "savings" over buying a proper kit may be in the negative numbers.

BTW -It's really not that hard to add 2 inches to the door, and it doesn't look funny.

[OnyxRider]

Originally Posted by mrmustang

First, welcome to Club Cobra....



Sounds to me like you have buyers remorse and now realize that your skills are not up to the task and you are in over your head. It happens quite frequently when someone purchases a partially complete cobra "for cheap" on the web. If you had only done your true due diligence and had a PPI (pre-purchase inspection) done, you would not be in this mess. So, unless the seller is a business entity, or a trained mechanic, I think going to litigation, or even threatening to do so is a poor choice on your part. Again, your own words posted above are against you, you were honest in making the initial post, but it shows that you went in to it with your eyes wide open, so legal recourse is really not an option, unless you want to sue yourself for making the purchase in the first place. At this point you have three choices, sell it with "full disclosure of what you now know", attempt to piece it together, or part it out in an attempt to recoup your initial investment.

In closing, and of course this is a little late for you, but there is a link in my signature line that outlines the basics of buying a used Cobra, I suggest you read and reread it so you do not experience buyers remorse again.

Sincerely,

Bill S.

I agree if you could not see it in person a pre purchase inspection is a must.

Maybe you could figure some way to feel out the seller on the issues. I'm too literal a person and it would be putting fuel on the fire. Legally you could write anything but "as is"...means just that.

[Racer_X]

Does the wheelbase of the body match the wheelbase of the chassis? Could you take the 2 inches out of the overall chassis if the wheelbase matches up to the body.

For the original purchase price, there's a reason it was so "cheap", and now you found it.

[madmaxx]

3 lawyers drive off a cliff in a Cadillac. What's disappointing about this? A cadillac holds 4

[patrickt]

Originally Posted by madmaxx

3 lawyers drive off a cliff in a Cadillac. What's disappointing about this? A cadillac holds 4

The sad thing is that Blykins could have probably built him a pretty nice FE for $16k.

[madmaxx]

i have seen completed running Cobra for $20K done with paint. Sure not a SPF/ERA/BDR but from 10 feet looked just as good. My buddy has one for sale!

[patrickt]

Originally Posted by madmaxx

i have seen completed running Cobra for $20K done with paint. Sure not a SPF/ERA/BDR but from 10 feet looked just as good. My buddy has one for sale!

Maybe the OP can work out like-kind exchange with him.

[rodneym]

Originally Posted by madmaxx

3 lawyers drive off a cliff in a Cadillac. What's disappointing about this? A cadillac holds 4

Sad.
Cadillacs used to hold at leat 5.