Experience buying a lemon Delica from www.delicaUSA.com

[SpaceGearLA]

This post has two objectives. Firstly, I want to raise awareness among people interested in buying a Delica about the risks associated with purchasing a second-hand vehicle, especially from a dealer who claims to be knowledgeable about the characteristics and issues specific to Delica’s but is dishonest when representing the state of the vehicle, as demonstrated by my experience with www.delicausa.com.
Secondly, I would like to let know anyone who may have been cheated while purchasing a lemon Delica that there are options available to seek compensation. It’s important to always do your due diligence, particularly when buying in states where you buy the vehicle “as it is”. However, even in those States (like it is in Pennsylvania) you should check the state law because you might find out there are ways for you to get compensation.

During the summer of 2022 I purchased a used 1997 Mitsubishi Delica L400 Space Gear from www.delicausa.com for $16,900. The vehicle was advertised as being in “CONDITION: Slightly used” (Doc #1). Upon my request for more information on potential rust or corrosion, the sales representative, Mr. Shmulevich, stated via email that “... this van is basically rust free” (Doc #2).
Furthermore, later I received a second email from Mr. Shmulevich with five pictures attached where he made again a statement of fact: “As you see this van is absolutely rust and corrosion free.” (Doc #3)
Four months after the purchase, I discovered significant corrosion on the rear chassis frame, including a large hole on the right side and emerging holes on the left side. The estimated cost for repairs to restore road worthiness is $20,763.16.

To see the extent of the damage on the van, you can revise the pictures I attached to this post (limited to 10 files) and the two folders in my Gallery. There are two set of images: the pictures sent by Mr. Shmulevich from www.delicaUSA.com by email before the sale on 08/05/22, and the pictures I’ve taken since I first discovered the damaged, four months later, and the later after I took the van to be sandblasted, on 12/2023.

Given the discrepancy between the stated condition in the sales process and the actual extent of corrosion I found, I researched my options and decided I could submit a claim in Philadelphia Municipal Court seeking economic restitution. I believe www.delicausa.com failed to accurately disclose the full extent of corrosion damage in the chassis, a material fact in purchasing a used vehicle.

My aim was to be compensated for the costs that will be necessary to bring the van to the standard I was led to believe it was in based on the seller’s statements. The issue is not whether I, as the buyer, failed to prevent being scammed. The issue is that the seller is liable for fraud due to their failure to disclose certain information about the vehicle’s condition and misrepresenting the state of the vehicle, as implied in the advertisement and email sales presentations.

I have focused on stating the factual timeline and findings clearly, without accusations about intent or liability. This is an objective overview that allows the facts and timeline to speak for themselves regarding the issues I aim to address through my claim.

 

[sk66]

You probably should not be acting as your own lawyer... just saying.

• You cannot file for restitution, it has to be prosecuted by a district attorney.
• Your amount of 20+k is over the 12k limit for small claims which you can pursue yourself.
• IDT you can file for restitution for more than actual loss/harm.
• Proving fraud requires proving intent... assuming the provided pictures and initial inspection upon receipt/purchase did not show obvious corrosion that will be extremely difficult.
• IDT any court is going to find it reasonable to assume that a statement of "lightly used" is reasonably believable for a vehicle 25yrs old with 120k miles on it... I wouldn't expect any sympathy from the court on that point alone.
• The court will likely expect you to have done your due diligence; at least at a basic level.

I do think there are a couple of courses potentially available to you. The Pennsylvania Unfair Trade Practices and Consumer Protection Law allows for trebble damages (rare) and lawyer fees to be recovered... you might have a claim of "deceptive conduct" which falls short of fraud.

And there is the federal Magnuson-Moss Warranty act that gives an implied "warranty of merchantability" unless otherwise disclaimed.

The implied warranty of merchantability is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold.

There is also the express written warranty they provide (second sentence is not time limited per-se).

Do you provide Warranty on your MiniVans’s?
For our customers we offer 2 month full power train warranty on every Delica we sell. We also guarantee that all vehicle components and all power equipment is in good working order upon arrival at the customers place .

But I am not a lawyer...

 

[SpaceGearLA]

I am happy to share the news that on March 14th the Judge agreeded with me that a vendor can not misrepresent the condition of a vehicle is selling. What I believe is more significant, ww.delicausa.com received a stern rebuke—an admonishment, for lying on their emails. The Judge, unswayed by their protestations, dismissed their feeble argument—the one that suggestedt hat it was my responsability to check the real condition of the van I was purchasing. The court entered a money judgment in my favor in the total amount of $9,145. A princely reward for my steadfastness, my unwavering pursuit of truth amidst the murky waters of commerce.