strdmn aka Wally Kimberlin in Akron Ohio is a liar and scam
 

ad # 1885111 is the truck I traded for and Just got done deleting my trade ads because I didnt want to the next guy being lied too as well....

He drove from Akron Ohio with his truck and I didnt look it over the best because I didnt think someone would drive that far and lie about what they had.
I didnt have my motor guy here because Wally talked about how honest he was and far he was traveling and would never scam someone. (Shame on me I know)

Well I take the truck to my engine guy to have him go through everything to see what is exactly is in the engine and as soon as we pop the hood and he looks at the engine he told me someone got me. And pointed to the freeze plugs and the balancer and told me I had a 350 and not a 406. We pulled the tall valve covers looked at the back of the block to find it is a 3970010 block.....

I confronted Wally and his response was "as i told you in the begginning i didn't build the truck ,that is what was told to me. i never checked the truck because i had no need to it ran fine for a mild 406 so i had no reason to dought what the man told me.who knows the story might have started there in Va. as the truck came from just north of you."

Yes he did tell me he traded for the truck and he also made it clear that he went over the truck and it was a well built truck with a fresh 406. He also told me how many engines he had built (over 40) and how nice this one was.

If he built as many as he said he would have looked at the motor just as my engine builder did and know what it was....

He is a liar and a scammer. Watch your dealings with him

I sent Wally a message and told him about the thread. I have dealt with him in the past and found him to be honest. With that said I know nothing about this deal and hope it was just a missunderstanding. Hopefully Wally will post up his side and we can go from there.

i understand what you are saying. but there isnt much he can really say as to his side of it. he advertised the truck with a 406 and by the date coding on the engine and the casting number its a 350 that was produced july 17 1976....wish there was a way i could be wrong but my engine guy gave me websites to go to to verify things for myself and I have pictures of the casting number and date code from the block.... again i know, shame on me for not doing my homework and looking the truck over better....

When he had a blowout on the way here and then got here 5 hours late and still had to get back to Ohio, I kinda did a once over and showed him my cars and then helpd load them so he could get out quick and head back...

strdmn
 

not sure how i am a liar.i told tony in the beginning i did not build the truck.i was relaying what was told to me in previous owners ad #1837469 as we all know trading on RJ we have to rely on previous owners description .if we didn't build the vehiclei paid a guy to make the 900+ mile round trip which tony did kick in a couple hundred bucks on expenses.i delivered to him a good daily driver pro street truck.which in return i got 2 cars that we are still working on.i didn't email him complaining or start a thread on his lack of disclosing needed repairs.i figured i made my deal i'm a big boy handle it.i have had many trades on RJ and have had to do something to most of them.i have never before had any problems with people i have dealt with on here.even though tony says the engine turned out to be a 350.i still think he got the better end of the deal.i didn't get all of the parts that went with the cars and i guess i'll never see them now,just some nitrous jets so it'sd not a big deal.i have done a lot of trades on RJ and am happy to say this is the first complaint.i won't revert to name calling or bashing someone in a thread tony seemed like a stand up guy even helped to find a tired when my hauler blew a tire as far as being in a hurry yes we were,but we unloaded the pu thinking tony would at least drive it -he told my driver to pull it up in his yard.so i had to figure he was happy with the looks and sound of the truck.and as i told him the truck ran great and was not a race truck but would light the rear tires if coaxed.i had no reason not to beleive the man i got the truck from.and if anyone happened to see the ad tony posted for the truck he wrote in his ad what a well thought out build the truck is.

i highly doubt you had to make any repairs to EITHER vehicle dude... you got everything I promised AND MORE in those cars.... dont make it sound like I owe you a bunch of stuff. there are 3 sets of nitrous jets and papers for the build of the monte carlo......

Fact of the matter is you knew it wasnt a 406 in the truck.... there isnt one thing not accurate on the cars you got from me.... but the one i got from you is definately missing a fresh, mild 406......

Big differance there.....

But you did guess one thing right. you wont see the the nitrous jets.... i wouldnt waste the postage money sending you anything...


Happy trading fella

using your philosophy its ok for me to re-post my ads stating its a 406, because im going by what the previous seller stated. right? Yea whatever fella....

when you found out it wasnt a 406 you should have deleted your ad like i did....

Not taking sides because the ad was obviously mis-stated. but i will say one thing, what you have is a 3970010 /350 blk. which is a Hi-Nickel blk, the best blk that GM ever cast and probably a 4 bolt main blk. It's worth (2) 400 blks to most anyone building a 350/383" motor due too the tougher blk and the thicker cylinder walls and will run cooler than any 406" engine ever will. I just finished a 383" for a customer with a 3970010 blk last week, which will produce around 575 HP and live running alcohol injection.

JMO

Zip.

I know what you mean as far as reliability ect. and yes it could be made to a nasty built motor. but its not what I was told I was getting... and I want prepared to take additional money to build the motor I thought I was getting..
The point is the truck was misrepresented and I would'nt have gave up 2 turn key, track ready cars for a mild 350 powered c10.....

Re: strdmn
 

Question:

Does it have a 406 engine?

Answer:

You relayed what was told to you and posted in your ad that it was a 406 ci engine.

End result:

Misrepresentation.

Legal definition:

Misrepresentation refers to a statement made by a party to a contract that induces another to enter into a contract, which can be interpreted, as false or untrue. The misrepresentation must be both false and fraudulent, in order to make the party making it liable for damages.

Restatement (Second) of Torts § 552 defines a negligent misrepresentation as:

"One who, in the course of his business, profession or employment, or in any transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information.

Bottom Line:

In court you lose and are likely responsible for damages.

Scorp

aaaahhhh, nice to have ya back Scorp!!

I say misrepresentation is the name of the game here. anything I trade for I ALWAYS check the casting numbers on the block just so I know. The "thats what I was told" BS does not work in court so I would say either give the man his money back or fork over some cash to make up the difference. It doesnt matter if you think he still got a good deal or not! :twisted:

Not A 406?
 

I would think if your into cars it would have taken you only a moment to look at the balancer & Know you didnt get a 400? I have also built & Traded a few engines in my lifetime but I guarentee you couldnt sell me a 350 as a 400?? JMO..The seller also knew it wasnt a 400..

Re: Not A 406?
 

As I said, shame on me for not doing my homework, but No, I didnt know how to tell the difference in the blocks until my builder showed me the other day... I still dont know how to tell if an 010 block is a 302, 327 or a 350.... but i do know how to tell if its a 350 block vs a 400 block now...I have always looked at casting numbers which i couldnt see because of the booster and valve covers and how far back the motor sat in the truck.... even with the valve covers off i had to take a camara and squeeze it in there and take pictures until i got good pics of the casting numbers

well i asked him to pay for half of a used "mild 406" and I pay the other half
so the truck has what was advertised. I think im being more than fair. see what happens

Don't want too get in a pissin contest, but there's not way in hell you can tell if it's a 406" by the balancer in a built motor. Every crank manufacture sells the crank with neuteral balance or external balance cranks. I've got 2 406" motors and a 434" motor, i can assure they all run 350 balancers (neuteral balance) you have too look at the block too know the difference. Even the cheap rotating assy's come either neuteral balance or external balance, your choice.

Zip.

what about the freeze plugs? also its a factory balancer.

X2 on what zip said, plus some late model 350s are externally balanced. I don't think you can absolutely tell by the core plugs either.

Zip what would be the monetary difference in a mild 350 build and a mild 406 build? That would be the diff owed on the deal I would think. I know not knowing what is in the motor makes it difficult to arrive at a number. I am in no way an engine builder I have someone else do all mine but I dont think that it would be that much diff in the builds

Factory balancer probably tells it best. The 400 blocks comes with both 3 freeze plugs and 2 freeze plus. The 509 blocks usually has 2 freeze plugs and are 4 bolt main blks, but the 511 blocks come with both 2 and 3 freeze plugs, depending on the yr. I've got a 509 on the engine stand right now that has 2 freeze plugs and is a 4 bolt main block. I've got a 377" (400 blk)in my Malibu that has 3 freeze plugs and is a 511 blk and is a 2 bolt main.

Bottom line Tony is that the ad was misrepresented and you should expect to get what you were told you were getting.
But i'm a high performance engine builder and a racer. I don't build many street motors, but have sold 4 rotating assy's in the last 6 mos. both 406" and 383's.
I feel more comfortable building a 383 or 388 than i do a 406 because the 400 blks have a tendency to crack between the head bolt holes and the cyliners or the steam holes and cause many overheating problem, plus the cylinder walls are very thin on the 400 blks.
I personally would rather have what you got than what was advertised.

Zip.

It cost the same to build a good streetable 350 or a 406" The cranks cost the same the rods cost the same, and the pistons cost the same. You can buy a cheapie rebuild kit for a 350 for about $400.00 including crank, rods and pistons, where it would cost about $600.00 to buy a rotating assy for a 406 or a 383. Eagle,Scat and other people sell them.

Zip.

Zipper06

Im missing atleast 50 cubic inches .... using the same parts to build each motor (as in same length rods, same compression pistons, same heads ect)
how much horsepower would you say that 50+ cubic inches would translate too?

the late model 350 chev is only external balanced on rear. is still neutral bal. on front.. if it has a stock 400 balancer it is either a 400 or way over bal. 350 which would shake like the dickens.

Probably 30 to 40 HP given all things equal.

Just a guess.

Zip.

that was my thoughts as well...... what would the cost be to get 40hp out of a mild 350 with world products s/r 1.94 valve heads? My thoughts would be more head at about the cost of 1200-1500 dollars, which is what im looking to get from the seller.....

I think im being more than fair. If im not someone please voice your opinions

With the correct tech supporting documentation, all email documentation, and phone records etc, the judge will likely give it to you.

Should the seller do the right thing he would square up with you and make sure the economics equal his documented representation of the goods; and accordingly go back to the prior owner if misrepresentation occured there as well.

If the seller does not make the deal equal to what he advertised and represented, I would file suit locally in small claims court. The costs are relatively low and you could represent yourself.

If you have everything in order, you will win.

Scorp

he seems to be willing to work with me.... he offered me the 400 from the Monte Carlo i traded him in exchange for the 350 in the c10... but he wants me to come to him 10+ hours each way to make the swap.... i work 6 days a week and have no accumulated vacation time nor do i have a truck or a hoist to pull this engine, nor do i feel like i should have to make that trip.... he said he isn't going to confront the original seller as he is "happy with their trade" and doesn't feel the need to.... not sure of the meaning behind that....

I asked him for 1500 which he says he doesnt have at this point. So I asked him how close he could come.... we will see....



Scorp,

how would one go about filing a claim with someone out of state? and what state would one file in as i am in VA and he is in OH. Assuming we cant come to an agreeable resolution.....

I am not an expert but I have done a bit of research. Usually you cant sue a party in your home state if they aren't a resident nor operate a business there. Historically you would go to their home state to file suit.

And of course they were always betting you wouldn't.

However with the proliferation of the Internet and on-line selling, state case law has in some instances taken the position that the seller is running a business in all 50 states, so bang, you can file suit in your home state. Check Michigan as an example state.

So I would file suit in VA, and specify that he does business in VA by virtue of his Internet business. They should let you file there, and then he has to come to you to defend.

If he doesnt show, default judgement and then request the judgement be transferred to his state, for either outright collection or wages garnishment.

Forum users, feel free to correct me where I am wrong, but my research generally supports this position.

Its going to cost him more than $1500 after you win in court which you should given the advertised 406 is a stock 350.

Scorp

i'm here to say i never lied.yes i posted what was told to me which i told tony in the begining that i didn't build this truck my mistake i guess i should have listed that a fellow racing junk member possibly lied to me.i offered to swap engines with tony his original 406 for the engine in the truck.yes i asked him to bring me the truck engine and pick up the 406 .creating work and expence for both of us .he tells me the monte engine is worth around $5350.00 which is a great deal more than the $1500.00 he wants i would think the difference in value(money ) would well make up for the inconvieniance . i told him i would have his engine hanging on the engine hoist,or pull it when he got here .which i figured was more than fare . at this point i think it is just about wanting some cash.that i don't have to give.i'm having a hard time believing that the engine made that big of difference.i told him before we ever made the deal the truck was no race truck and have to think it being a 350 wouldn't have made a big deal in trading.

I shouldnt have to drive up to you and spend MY MONEY and MY TIME to come get a motor I should have already had.... I didnt go to you to make a trade and Im not coming to you to get it straight. I said I would take the engine in the Monte as payment (but it still isnt a 406 I was promised) but i know the guy that built the motor and know what its about.... I still will not pull the motor out of the c10 and return it even if I took the Monte Carlo engine. I would have to take the truck and pay someone 500 to 1000 dollars to uninstall the engine as I have no hoist or means to do such. I was willing to take 1500 dollars to make things easy and be fair. But now that I am being accused of just chasing money, I want what I was promised me. and I plan on using the 350 engine to pay someone to do the engine swap......

I dont have to be the nice guy here. I was the one that didnt get a motor i was told was in the truck.... and now I have taken the stance that I wont use ANY OF MY TIME OR MONEY TO MAKE THIS RIGHT.... I need a fresh mild 406 just as the ad and the windshield of the truck said....

I dont care what the guy told you was in the truck. I told you that you had the same rights as I do to get your money back, and you said you were happy with your trade with him and was not going to talk to him...

I was told I was getting a Fresh Mild 406 and thats what I want now. Im done being the nice guy....

engine
 

the problem we are having is that we both think we are trying to be fare.i was thinking that you would want to make the deal on the monte engine after you told me it was worth$5350.00and with being fare the way you want it i end up with no engine in my car.if i had the cash laying around i would send it to you just to end this.unfortunately i don't have the money,as i told you when we talked trading it was all i could do to scrape the cash together to get the cars and truck transported.if i could get them back to you i would happily do so.

Re: engine
 

what a motor cost to build and what one is worth is two differant things.... I told you I would accept the engine as payment. I also told you I am not driving up to Akron 10+ hours each way to correct the situation. I do not have the vacation time accumulated nor do I have a truck. I can not take the time off from work and still have a job. Plus as I said again I dont feel this is my situation to get straight....

Tell you what I will do.... Pull the motor and crate it from carb to pan and crate it up. get quotes on sending it freight to petersburg va 23805 and give me the costs. I will pay those freight costs C.O.D. when I pick it up from the terminal ....... I will pick it up from their local terminal....I will then sell the engine in the truck to pay for the removal/installation and to cover the costs of the freight shipment from Akron to Petersburg....

Re: engine
 

Tony
I believe you are getting carried away now. Does he owe you some for the difference? Sure he does. Is it a complete motor, plus removal money plus freight...... not even close. Work out something reasonable and move on. It is not like the 350 is a dog and the 406 is a Clydsdale. Many believe you have the better base to do what you are looking for any way. The 400s are not a great drive around motor in my opinion because of the overheating issues. You can find a great set of heads for under a grand right on this site. And maybe he can credit card it or you two work it out. But you are asking for way too much. And yes, I do understand being told one thing and having it be another. By the way, would you rather have a 632" or a 500" cubic inch pro stock motor? For the street, having everything match and work together is the most important thing. Not huge cams, giant flow heads and other not necessary things. Hope you guys work it out.

Re: engine
 

If i take this to court, the judge gives me a motor and fees associated....
what do you mean a 2bolt main 350 engine gives me a better base to do what i want to do? I wanted the 406 that was promised and have to do nothing to it.... I didnt want to have to build the motor in the truck and fix what i knew needed fixed..... I am not being unreasonable at all..... I want what was promised. I tried to negotiate with the cat to ease the burdon and asked 4 1500 dollars..... he doesnt have money....he offered my engine back for an exchange of the one in the c10 and me to come to him 20+ hours to get it straight........ NOT HAPPENING.... i am going to have to pay someone to fix what he misrepresented. again NOT HAPPENING..... this isnt my situation to fix. it is his.....he sent me a message stating if he had the money he would just send the motor back to me and be done..... I offered to pay to have it freight shipped.... But I am not going to pay freight and removal/install..... I would be lucky to get 1500 for the engine in the truck.... 1500 if i can get that pays 1000 for removal and install of the 2 engines and pays me back the 500 give or take it is going to cost in freight....

I am being more than fair.....

I have offered many options to him and the only viable one to him includes me driving 20+hours and giving him a motor back and me paying for gas, a truck rental and paying someone to remove and then install an engine that was supposed to be there in the first place.....

again NOT HAPPENING....

Im prepared to go to court over this and I am pretty certain (90% certain) the ruling is in my favor for everything I am asking.....

And I am willing to gamble if need be ......

I have gone out of my way to try to make things fair and it has been unacceptable to Wally...

Re: engine
 

on a side note... the 400 he got from me will sit and idle at 180 as long as i want to let it idle and no matter how hot the day is..... i have never had a 400+ cubic inch block run hot...... and thats what I thought I was getting.... a fresh mild built 406 as advertised....


Im not trying to get into a pissing match here, but I am not the one in the wrong .... I just want what was advertised...

Tony,

I have been watching this thread & just seeing how it all pans out....

I see what blown is saying. We are human. The fact is, the guy who traded you believed it was a 400. Maybe the guy before him thought it was a 400 too. Who knows, it is best to work it out before you decide to pull out both guns & start blazing. I mean, you didn't get assaulted by a criminal & left for dead. You got the wrong motor, it's not the end of the world. You can get a attorney & you can roll the dice. Is that really going to fix this? Are you prepared to WAIT a long time to possibly get awarded a victory from a defendant who still has no money??? Then what? Garnish his wages in small increments? Don't hold your breath.

I am not an expert on 400's... but what Blown said I also have heard. It is no secret the 400 is thin on the cylinder walls & is prone to overheating. I am glad to hear that you did not get a "305"... face it, it could have been worse & I am sure he is not the first guy to mistake a 400 for a 350. So he made a mistake; a easy one to make assuming he could have been misrepresented too. So you want to HANG the guy for it????

Be men & work it out reasonably. Anyone can say "I'LL SUE!!" Everyone is so quick to sue everyone these days. I agree that you should have gotten what you were told, but I have a feeling that if you calm down it can be worked out. You have made it very clear that you will sue him, trash his reputation, etc... get on with it or work it out. I really don't believe he meant to rip you off. Scooter

Scooter got it right, if the guy had really intended to rip you off he would have NEVER come on here to defend himself. It sounds like he is trying to be reasonable in his offer and maybe if you cool down over the holiday weekend and get back with him on Tuesday, cooler heads will prevail. To say you are gonna sue away is just gonna be a gamble of money plus a very LARGE amount of time that will involve you having to travel to every court date. That literally could last 2-3 years at a minumum. Think about it...

I believe he and I have come to an agreement of 1000 dollars.... i will let everyone know how it pans out

worked out
 

well finally this thing should be over we have come to a gentlemans agreement so we can both get on with our lives.i never intended on tony not getting what he wanted.it was an honest mistake.i never lied orintended to deceive anyone.i've done quite a bit of trading on here and have never had a problemi have had to do repairs to almost every vehicle ihave ever traded on.i figure thats just old cars.my mistake was taking the previous owners description and relisting with it.i am out athousand bucks,but i don't believe the previous owner deliberately lied to me.when you are into street cars more than race cars,i think you are pleased easier if it gets you to the lovcal cruise in and back with out boiling over or blowing up it's good to go.thats not neccesarily what tony was looking for and i understand that.and wish him the best in his future endevors.i hold no ill feelings for tony ,he doesn't know me from dirt so i could see his side in thinking i may have lied to him.we all know there is no need to lie to sell/trade a car.there is always someone that is going to want your car.i'm hoping tony and i both heal from this and harbor no ill feelings as we never know when we may meet again.but i'm sure it won't be in a trade.he was a very stand up guy in helping when the tire blew on the hauler.he got right on his comp.and found a place on sunday morning to get a new tire.and as he said did help in loading and getting us on our way in the shortest time possible.glad we got through this.

Good to see you guys worked it out.

Wally as I said early on I have delt with you and belive you to an honest man. Guys like us are in this for a hobby. I dont trade perfect cars I cant afford them.I trade old cars and very rarley do I get one that doesnt need something. I to pass on what the other guy told me unless I know for shure it is wrong. I am not an engine builder or Chip Foose. If I tell you something about a car it is what I belive is the truth. I am glad you and Tony worked it out. Hope to see you down the road. I am going to Springfield this weekend if you get down maybe I will see you. God Bless you and all the guys that help out on this site.

Anthony

Great!!!!!!!!!!!!!! :D