Guys and Gals,
Some of you that are members of the Big Healey List probably already
read this. For those who haven't, read this.
jay f
-------- Original Message --------
Subject: Hyman Ltd. CAVEAT EMPTOR Follow-Up (Details)
Date: Tue, 29 Jan 2002 07:36:29 -0600
From "Silvestre A. Ortiz" <silvestre.ortiz at cditx.com>
To: <healeys@autox.team.net>,
<vtr@autox.team.net>,<british-cars@autox.team.net>,
<6pack@autox.team.net>,<triumphs@autox.team.net>
I have always loved british sports cars. I own a fully restored 1960
TR3A, a
"parts car" 1960 TR3A, a 1970 TR6 in its' third year of restoration (!),
and a
1975 TR6 that is mechanically as sound as my 2001 cars, but mostly
original
(not restored), and which I drive almost daily as regular
transportation. I
have always wanted an Austin Healey 3000, Mark III, and I began looking
for
one in December, 2001. I looked in all the expected sources of possible
listings, both in print and electronic media. Based on my past
experiences, I
was prepared to buy as much in the way of a completely restored car as I
could
afford. I live in a fairly small town in south-central Texas, so I was
forced
to look in Hemmings, big-city newspapers, club listings, "the lists,"
eBay,
the internet in general, plus call friends and enlist their eyes and
ears for
possible candidates.
I found what seemed at the time like a perfect car listed in the Hyman
Ltd
website. The description said the car was "stunning," completely
restored. The
photos (from a distance) showed the car to look very nice. The car was
described to me by Mark Hyman as perfect, needing nothing. Every item I
asked
about had been replaced with something new, or was "like new," or had
been
returned to "like new condition." I went down the proverbial complete
list of
recommended questions one by one. This car was a hit! It was also much
more
than I had ever planned to pay for a Healey. I tried to bargain, but was
refused, being told there were many buyers lined up to buy this car.
Hyman
told me he could sell as many of these as he could get his hands on. I
was
able to get Hyman to pay for the transport cost to me as part of the
selling
price, but I had to agree to pay his asking price of $37,500.00!!! I
agonized
over the cost, but in light of the superlative and outrageously
flattering
description of the car, I knew I had to have it. The car was on its' way
to
me!
When I saw the car, I was stunned. Perhaps this was why the car was
described
as "stunning." It was NOWHERE near what I had been led to believe, and
for
what I had paid a small fortune. My heart sank in my chest. I was, and
still
am, depressed by the experience. I was in shock. Everywhere I looked I
saw
problems. The doors closed so poorly that the wife of the transport
driver
thought they were open when they were actually closed. We closed the
trunk
several times, each time adjusting the spare to see if that was why the
trunk
lid was askew. The hood required four hands and much coaxing to close.
The
carpet was filthy and grease-stained. There were several nicks/chips in
the
paint on the front and sides of the car. The trim around the drivers'
door was
loose. The inside panel of the drivers' door had been pulled away from
the
metal, the screws hanging in space. Part of the trim panels inside the
car
were peeling away from the dash. The glove compartment door closed with
much
difficulty. Some of the body panels lined up poorly. Some of the chrome
also
lined up poorly. Slowly my shock turned to anger, which motivated me to
tell
the driver that I was refusing delivery of the car. This was not the car
I had
been described in such exquisite detail as "perfect." The transport
driver
expressed surprise at what I had paid for the car and agreed with my
decision
to return the car to Hyman. It went back on the transport.
That night I spoked with Hyman by phone. He disagreed with my impression
of
the car and said I had unreasonable expectations! I said there was only
one
definition of "perfect," and this car was not it. He then said he would
return
my money,. but only after deducting the full transportation costs, both
ways.
I offered to split the costs, but he said he would charge me the full
amount.
Since he had my money, I was in no position to argue more at the time. I
would
pursue the matter once I had recovered the majority of my money. I had
to wait
some three weeks for my money. I then called Hyman again two days ago
and
again offered to split the costs of the transport. Hyman refused, saying
words
to the effect of not having any motivation to do that. We hung up. I
was, and
am, willing to pay for returning the car to Hyman. However, the original
deal
was that I would pay the asking price for the car, Hyman would pay for
the car
to get to me. This was with the understanding that the car was being
described
accurately, and there would be no problems. When the car turned out to
be
other than as described, I was not obligated to buy it. Hyman tacitly
agrees
with this when he accepted the car back. If he fhad elt he had described
the
car accurately, my belief is he would have told me I owned the car. End
of
story. But Hyman did not do this. He took the car back.
I mailed today a certified letter to the Missouri State Attorney
Generals'
office of consumer affairs with a detailed complaint. Perhaps this will
get
some desired action, but I am not very hopeful. I do want fellow listers
and
british car enthusiasts to learn from my naivete'. It is something to
remember
when dealing with anyone. I am grateful for having recovered the bulk of
my
money, but I feel I am being made to pay for Hyman's unsuccessful
attempt to
sell me this car. I guess it is not all bad luck if one thinks he could
have
kept all the money and forced me to take him to court.
CAVEAT EMPTOR!
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