JeffNNJ

I wouldn't even bother with spending the money to hiure a lawyer. Go to the police and swear out a complaint for theft. The penalty will probably include a stiff fine and jail time given the amount of the swindle. Once they are arrested you should have your money back rather quickly.

nomis_nehc

Okay, new development... and this is looking/sounding kind of bad for me.

I spoke with DMV investigations this morning, and the guy told me he will review the file and see if they have a file regarding the guy that called me on Saturday.

About half an hour later, the supposed owner of the car calls me, and said that he just got off the phone with DMV investigations. Seems that this guy might be the real deal, despite the oddities in details he has shared.

So now, the guy is telling me that he spoke with his lawyer, and that on a legal stand point, he can show up and take the vehicle, since he has the title and registration. But he wants to see how we can do this so we don't both get screwed.

Additionally, he mentioned that after he called me on Saturday, John Mussari called him (wtf, so weird) out of the blue, and talked to him about this vehicle. John Mussari went back on his word about the vehicle being stolen, and told the guy that I wrote a bad check and that it bounced (if that was the case, why would he not do something about it??). The owner of the vehicle then said that they can drive up here together and confront me about it and get his car back. John Mussari than stuttered and said he will show up at the car owner's office in the morning... and he didn't show. And now he's not responding to his calls.

As of now, I am on a plank here. I am thinking I definitely need some legal consultation here in regards from protecting myself from loss.

Guys that have recommended contacting local news investigations, do you have contacts I can reach? I just looked online, and haven't been successful in finding the right direction.

Man... This is is infuriating.

nomis_nehc

Also, I want to add. There are supposedly 32 federal cases/charges against John Mussari. At least that's what the local authority is claiming. They said that's why they can't just arrest the guy on the spot. Conversely, I don't understand how he can still have his business open, and why DMV has not suspended or revoked his operating license.

At least forced his website to close, stop their advertising, so that there aren't more victims.

cmartin93

Guys that have recommended contacting local news investigations, do you have contacts I can reach? I just looked online, and haven't been successful in finding the right direction.

Here are a few local tv stations
kgtv.com
knsd.com
10news.com
sandiego6.com
kusi.com

I am familiar with Mussari Motors and actually test drove an E39 there many years ago. They advertise on craigslist and autotrader. Strange thing is they tend to have some really high end cars, Ferrari, Lambo, Maserati, Range Rover.....not that it means a whole lot but makes you think they might be more legit. Plus they have been in the same place with the same name for many years. Lots of the "shady" dealers come and go, moving shop and changing names but not people. Given the economy and all maybe Mr. Mussari is coming up with more creative (less honest) means of making a buck.

As far as the court cases, some googling will turn up a few, they do not seem to be auto related.

nomis_nehc

Yeah. There's actually been new development, but I will hold off from posting as I found that this thread is starting to pop up on google search for "mussari motors".

If things go well and as expected (come on, just give me one!), this nightmare should be over with this week.

v_therussian

it seems that my worst fears for your situation were correct...


HIDE. THE. CAR. NOW.

CALL THE DA AND ESTABLISH A SOLID DIALOGUE WITH HIS/HER OFFICE. If you have not yet, file a formal complain/grievance (whatever it is called) with respect to Mussari Motors and Mr. Mussari with the DA's office.

If (more like "when", really) Mussari gets busted by the Feds, your car will go into evidence indefinitely and will end up in the previous owner's hands after the (hopefully) conviction UNLESS you get the DMV to issue a title. BTW in my experience, the conviction will be the result of a plea deal, but we'll see...

What I would do IMMEDIATELY, is get the DA to issue a letter to the DMV authorizing the issuance of a new/replacement title for you. Since you're on the record with a comlpaint against Mussari Motors, you can testify against him - you can use this to convince them further that they should give you a letter authorizing the registration of the vehicle. You'll need to prove that you paid for the vehicle to Mussari Motors beyond any doubt (if you financed the car, you need your bank to give you the supporting evidence that the check was written to and cashed by Mussari Motors with regards to full payment for this vehicle - VIN must be supplied). It will also help to show that you don't have another car and that having a car is a necessity for you (to get to work, buy groceries, drive your kids to school and so on)

Based on what you've said and done so far, I'd say you might be much better off with a lawyer BTW.

v_therussian

The way I see it, your car's title, and permanent registration with it, is effectively in the hands of whatever authorities that have the open investigation on the Mussari Motors. Although, without a conviction, they too may not have the authority to release your title - not to mention that the decision who to release the title to will likely swing toward the original owner, since he was never paid for the car. Which would leave you without a car and with a "right" to file a civil suit against Mussari Motors to collect your money back (which, as you can guess, you will likely win, but are very unlikely to actually get any money from).

Either way, you need to approach whoever is actually investigating this scumbag and get them to somehow okay the issuance of a replacement title for you. I seriously doubt you'll be able to get a permanent registration otherwise - which is not to say that you should not try.

I'm not an attorney, nor a practicing legal professional - my advice here is based on my personal experience with car dealers and whatever knowledge I have left from studying law in college and being a paralegal some years ago. So don't take my word for it - consult a professional. That said, I'm guessing I'm very accurate in most of my assumptions about this scumbag dealer - just go over my previous posts in this thread and see how many of them came out to be true.

nomis_nehc

v_therussian:

Thanks buddy, you have provided very good info thus far. I will shoot you a PM to let you know some of the details later today. I guess it can be considered as good news =)

pjinca

Please update us all if it is good news. As long as you get it settled one way or another (get the title or get your cash) then it's a good lesson learned. Hopefully you get either of those to your satisfaction. Good luck and do update us.

nomis_nehc

Man... seriously, this is a gigantic F#CK. I just got back from DMV, and I am back to where I was a week ago again. The instructions and what-to-do by what the DMV guy that helped me was WRONG. So after gone through what I was told a week ago, I am in no better shape. OMG, this is a nightmare IN another nightmare =(

v_therussian: my bad, I haven't gotten around to sending you a PM. I will see if I can PM you later this evening.