Bob,
Thanks, but both you me and plenty of others have been trying to make this
point from the beginning, and there are still folks who either can't read or
just cannot understand.
Cheers,
Curt
On Fri, Jun 17, 2011 at 8:55 AM, Bob Spidell <bspidell at comcast.net> wrote:
> To the best of my recollection, no one on this List has ever said that an
> owner can't do what he wants with his car (what good would it do?). There's
> no law against it, and as chagrined as some of us get when we see an
> original car get modified, it's just differences of opinion. Heck, I've done
> a few mechanical tweaks to my BJ8 to make it more maintainable, reliable and
> drivable--as much as 5K miles/yr--but, so far, the changes are easily
> reversible (spin-on oil filter, Pertronix ignition, solid state SU fuel
> pump, 3.54 rearend, oversize wheels and tires).
>
> However, when someone modifies a car, then--unintentionally or
> otherwise--misrepresents that car for financial gain then I, and many
> others, have a problem with it. This particular car was advertised as a
> 750-mile original, with only a few minor mechanical fixes/upgrades
> mentioned, when it appears to have been completely restored. There are
> laws--in the US, at least--regarding this practice. It's called fraud. I
> don't think this particular case meets the criteria of fraud, but it comes
> close (keep in mind I'm not a lawyer).
>
> Here's a possible scenario: Some guy who really wants a Healey (or his
> girlfriend really wants a Healey) is enamored of the clear-coated exhaust
> valve cover. Now, this guy has more money than patience and is not really
> familiar with the 'old car' business or Healeys and pays asking price or
> maybe higher. Then, the guy shows off his new '750-mile original car' to a
> friend who happens to be on the Concours Committee who points out that,
> while it is indeed a nice car much of the value--monetary and other--was
> lost because of the tarting-up. The buyer, having kept a copy of the
> original sales material (including the website) and feeling deceived decides
> to contact a lawyer who specializes in fraud. He might very well have a case
> for civil prosecution--read: lawsuit--and depending on how hard he wants to
> pursue it he may well win the case.
>
> All the seller had to do to prevent this outcome was to clearly state in
> the sales material that it was a low-mileage original with a
> 'better-than-new' restoration. Note also that, because of the possible fraud
> issues, most restorers attempt, at least, to make clear when the car has
> been significantly altered (e.g. color was changed from BRG to MGB). Praise
> to the Concours Committee for helping to keep sellers (somewhat more)
> honest.
>
> Your laws/lawyers may vary.
>
> Bob
>
> --------------------------------
> Bob Spidell - San Jose, CA
>
>
> Sorry to come back to the car for sale. For me it looks like to be a very
> nice
> Healey 100 BN2, restored to the taste of its owner, not more, not less.
> What
> the owners have done with the car, that`s their matter and they may have
> had a
> reason for doing so.
> If the car has got 750 miles or 75 000 miles on the clock, I do not care. A
> 750 miles car could have been rusted through and through, involved in an
> awful
> accident, burnt out, flooded, whatever. A 75000 miles car can look
> extremely
> good, if the owners took care. If its got 75 000 miles and never was
> restored
> but kept in excellent shape with no rust, only little wear etc. then this
> is a
> car for one who wants to have what some call an untouched car. If the owner
> of
> a 750 miles car decides to restore it, whatever reason he has for doing
> that,
> its his and if he is happy with the result, I can except it.
> Austin-Healeys are not Crown Jewelries and market decides about the value
> of
> each car. A famous finance tycoon, Andre Kostolany, once said, a share is
> worth the money one has just spent for it. So if there is an asking price
> of $
> 115000, the car is it worth, if there is one who spends the money for it.
> So please leave it what it is, a restored low milage car, which would not
> receive a gold in American Austin-Healey Concours. But in my eyes its still
> a
> nice car.
>
> Josef Eckert
> Konigswinter/Germany
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