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
_______________________________________________
_______________________________________________
Healeys@autox.team.net
Donate: http://www.team.net/donate.html
Suggested annual donation $12.75
Archive: http://www.team.net/archive
Forums: http://www.team.net/forums
|