[ddcottrill]

This is a story of a golf cart experience I have recently had here in the villages. I think it is important to let others know about that experience. I recently purchased what I was told was a 2007 Club Car DS. The cart turned out to be a 2005 refurbished Club Car purchased from a golf course. I called the guy I purchased it from, Mark Castonguay, and confronted him with this discovery. He told me that he would not return my money nor take the cart back. Yes I do have a bill of sale, with his signature, and I plan to take him to small claims court to reclaim my money. From the time I met this fellow I was supplied with deceiving information and outright lies. Buyer beware!

HERE IS SOME ADDITIONAL INFORMATION!!!!!

There is a bit more to the story than I originally posted. Originally I received Marks name from a neighbor who had a positive experience with Mark. The neighbor has impeccable integrity so I called Mark and asked him if he had any carts for sale and he stated he did. I went right over to his house and drove a 2005 Club car he had for sale. The unit was a great value a $2200.00 and I gave him the entire amount on the spot because when I arrived at his house there was another gentleman looking at the unit. He asked me to write the check to his mother, and I did. He drove the unit to the back of his house and promised to deliver the cart on Monday first thing. Monday came and no call from Mark. I called him and he told me that the cart wouldn't start and he brought it back to the person he bought it from to repair it. He said he would call when he heard back about the repair. He never called me back so I called him again. He stated that the unit was not worth fixing and that he was going to pick up a much nicer one the following day and that it was a 2007. I went over the following day to take a look at it and he told me the price was $2650.00. I agreed to the price and told him I would pay him the additional $450.00 when he delivered the cart. He said he would deliver it the next morning. He called me the next morning and said he had the cart on the trailer and would deliver it only if I gave him $450.00 in cash. He said because my check was an out of state, bank of america, check that he would need for me to give him cash. After hanging up I checked online to see if the $2200.00 check, I had written to his mother, had been cashed and it had. He dropped off the cart, I had him sign the bill of sale for the 2007 cart I believed I purchased, I gave him the remaining $450.00 and he was on his way. The cart was a bit slower than I liked and I had a repairman come over to look it over and thats when I found out the cart was a 2005. That, my dear friends, is the rest of the story you already know.

I would appreciate any input from anyone as to what other media I could use to alert those in the villages of this scam artist. And that, my dear friends, is the rest of the story!!!!

[herbaru]

Originally Posted by ddcottrill

This is a story of a golf cart experience I have recently had here in the villages. I think it is important to let others know about that experience. I recently purchased what I was told was a 2007 Club Car DS. The cart turned out to be a 2005 refurbished Club Car purchased from a golf course. I called the guy I purchased it from, Mark Castonguay, and confronted him with this discovery. He told me that he would not return my money nor take the cart back. Yes I do have a bill of sale, with his signature, and I plan to take him to small claims court to reclaim my money. From the time I met this fellow I was supplied with deceiving information and outright lies. Buyer beware!

Is Mark Castonguay a dealer or a private seller?

[Russ_Boston]

May not be what you thought so you would have a case.

But, just wondering, does the cart run well? And is there a way that this could have been discovered when you purchased? I just want to know in case I go buy a used cart. Thanks.

[784caroline]

If this was a private sale its no different than a used car sale...and your last statement sums it up "BUYER BEWARE"....you have no legal case. Im not certain what your argument is.... it was a 2005 refurbished instead of a 2007? A private seller is under no obligation "legally" to disclose anything AND Most resellers buy their carts from golf courses or cart manufacturers and refurbish them...that is not unusual. Just curious what is the basis of your legal case.....and what is the problem with the cart???????

I hope you present your legal argument in more detail than your first posting.

[Pturner]

Originally Posted by 784caroline

If this was a private sale its no different than a used car sale...and your last statement sums it up "BUYER BEWARE"....you have no legal case. Im not certain what your argument is.... it was a 2005 refurbished instead of a 2007? A private seller is under no obligation "legally" to disclose anything AND Most resellers buy their carts from golf courses or cart manufacturers and refurbish them...that is not unusual. Just curious what is the basis of your legal case.....and what is the problem with the cart???????

I hope you present your legal argument in more detail than your first posting.

DD, I am curious. Did the bill of sale state that the cart was a 2007? I would think that the two-year difference in age would affect the market value of the cart and what you might have been willing to pay. Perhaps a different cart you had considered would have been a better buy under the circumstances. I don't know the law, but perhaps false "disclosure" would be treated differently than non-disclosure. If the facts are as you stated, I don't blame you for seeking recourse. Please let us know how things works out.

[Talk Host]

Originally Posted by 784caroline

If this was a private sale its no different than a used car sale...and your last statement sums it up "BUYER BEWARE"....you have no legal case. Im not certain what your argument is.... it was a 2005 refurbished instead of a 2007? A private seller is under no obligation "legally" to disclose anything AND Most resellers buy their carts from golf courses or cart manufacturers and refurbish them...that is not unusual. Just curious what is the basis of your legal case.....and what is the problem with the cart???????

I hope you present your legal argument in more detail than your first posting.

Are you sure of this? I think that if, even a private seller, misleads you by providing absolutely false information about the deal, a court would rule in favor of the buyer. The law usually protects the consumer from false and misleading advertising. Or, am I wrong.

[Pturner]

Originally Posted by Talk Host

Are you sure of this? I think that if, even a private seller, misleads you by providing absolutely false information about the deal, a court would rule in favor of the buyer. The law usually protects the consumer from false and misleading advertising. Or, am I wrong.

TH, I hope you are right. The situation described is an injustice.

[The Great Fumar]

If you have any paperwork , such as a bill of sale that states the unit is a 2007 that you can introduce in Small Claims Court then you've got him....
Its like a selling a car with the odometer turned back , Judge might turn case over to district court after awarding you your money back........

I'm not a Judge but I play one on TV...

[champion6]

Originally Posted by Russ_Boston

And is there a way that this could have been discovered when you purchased? I just want to know in case I go buy a used cart. Thanks.

Here's a handy reference. This page explains how to determine what year a golf cart was manufactured: www.buggiesunlimited.com/SerialNumberLocator

[Russ_Boston]

Thanks for the link!

[Army Guy]

I agree, you definitely have a case. It also should be pretty opened/closed at Small Claims.

Army Guy

[handieman]

I think I'm in the minority here on this subject but heres my opinion.
2005 vs 2007 to me is no big deal, especially in Club Cars. That frame and body style has been built forever it seems to me. Possibly it was a 2005 remanufactured in 2007 so it was a miscommunication. Usually fleet cars dont get remanufactured till they are 3 yrs old but who knows on this one. The BuggiesUnlimited formula for determining the age year of the cart is simple and the buyer could have done some homework beforehand. (not being critical, just saying). By the way look on the top of the battery terminal to determine the year of the battery. You should find a 05, 06,07 etc.
Bottom line of my thoughts here is, if your happy with the cart, like the performance, color, etc etc and your feel you paid a fair price (remember that the difference in the used cart price between 05 and 07 is minimal) then big deal, relax and put it out of mind and mark it up as one of lifes little annoyances.
jus sayin

Handie

[784caroline]

A private sale is vastly different than a dealer sale. Playing devils advocate, DD states he was told it was a 2007..OK the seller made a mistake...the year may even be in the Bill of Sale or is it just a serial number. A private deal offers no warranty. The fact that this cart was a refurb from a golf course should be no suprise unless the bill of sale states NEW. Even if the year (2007) is listed on the Bill of Sale, how do you prove that the "Private" seller was aware the year was something other than 2007. DD probably bought this cart for approx. $3000. If DD went to small claims, he would be lucky to get a couple hundred dollars asssuming he could prove the seller willfully was fraudulent. Otherwise the courts would view this deal as a transaction between 2 willing partners.

If the seller was a dealer, the transaction takes on a differnent perspective for the dealer should have known what year cart he was selling. Burden of proof would be less for the buyer, and DD would have a beter case in court. If the seller claims to be a private seller, a good strategy would be if you could show the seller bought a number of these carts from a golf course, rehab'd them and is now selling them (a number of them) to the unwitting public. What makes a person a private seller vs a dealer?? Does he have a license to sell multiple carts, Is he collecting sales taxes. There are otherways to skin a cat if the guy is a real crook.

However if this was a one time deal between private individuals, I still say its buyer beware. I mean champion6 found a way to identify what year a golf cart was manufactured...why didnt DD do the same thing?

I learned a long time ago, do not let your emotions or what you think should be right guide you in the wrong direction. You need FACTS and more FACTS along with some basic knowledge of consumer laws to prove your case in court.

[mrdills]

On Club carts there should be a tag stating the year of the cart, if he told you it was a 2007 and you have that in writing and it was a 2005 rebuilt you might have a case. I know they rebuild carts all the time.

[JohnN]

I did small claims court in Illinois (and won *proud smile*).
There was a limit then (long time ago) of $500, so check on the max claim.

Maybe you can get the max back, and keep the cart if you like it otherwise?
Good luck however it goes