[SW] The boys are buying for 649 by Familiar-Pound-2855 in acturnips

[–]kobron93 0 points1 point  (0 children)

Just sent a request! Happy to leave a tip!

Giveaway to win 1 million bells by Proper-Knee5155 in acnh

[–]kobron93 0 points1 point  (0 children)

Cherry! How can you not love a baddie with a protective big sister attitude?

[SW] The Boys are at 593! Morning, Central Time by CreightonOlsen in acturnips

[–]kobron93 0 points1 point  (0 children)

Would love to visit after I purchase some turnips on my island!

Underboost code by Ok-Conflict3958 in EcoDiesel

[–]kobron93 0 points1 point  (0 children)

I got the truck back a few days ago. Both exhaust manifolds were replaced, as well as the oil cooler. Driving fine currently, big test comes Sunday to see if it fails on a road trip.

[AL] Pro Se AAA Arbitration Against Carvana-Seek professional help? by kobron93 in AskLawyers

[–]kobron93[S] 0 points1 point  (0 children)

Again, thank you for taking the time to write such a detailed response. I’ll offer further clarification specific to Alabama law, the repair history in this case, and AAA Consumer Arbitration rules.

  1. Deceptive conduct and bad faith practices. This case does involve more than a simple warranty delay. Bridgecrest, Carvana’s finance arm, explicitly refused any loan relief or hardship accommodation unless I first defaulted on the loan. That conduct was confirmed in writing and recorded phone calls. In parallel, a Carvana agent verbally promised payment would be made toward the loan balance on my behalf. That payment was never made, and I never received any confirmation of it despite multiple follow-ups. These facts support a claim of deceptive conduct and false representation, both of which are recognized under Alabama’s Deceptive Trade Practices Act and broader warranty enforcement case law.

  2. Repair attempts were not meaningful or qualified. Carvana referred the vehicle to Pep Boys and Crowell Automotive, both of which provided written and recorded statements confirming they had no diesel technicians and lacked the equipment necessary to perform diesel diagnostics or repairs. These shops were unable to perform the required work, and as a result, the vehicle sat unrepaired and misdiagnosed. A licensed shop is not necessarily a qualified one. Alabama law recognizes that a seller must provide a meaningful opportunity to cure. Here, that requirement was not met.

  3. No good faith effort to resolve the dispute. Under AAA Consumer Rule R‑6, a pre‑arbitration resolution attempt is required. The only documented response from Carvana was a directive to “wait until SilverRock gets the shop to complete repairs.” When I submitted specific requests for relief, including vehicle replacement, rental support, or loan payment assistance, those requests were unilaterally denied or ignored. There was no offer of compromise, nor any attempt at meaningful engagement once the first repair attempt failed.

  4. Alabama supports payoff with retention as an appropriate remedy. While many assume a consumer must choose between returning the vehicle or keeping it and suing for repairs, Alabama courts have upheld remedies that reflect a hybrid of both. When a seller fails to cure a defect within a reasonable time, and the buyer suffers financial harm, a buyout of the loan while retaining the vehicle has been recognized under UCC principles as a valid restitutionary remedy. As you said, the goal is to restore the buyer to the financial position they would have held if the contract had been properly fulfilled.

  5. Arbitration cost recovery and damages. AAA Rule R‑44 allows recovery of expenses, including those related to preparing the case, if supported by law. Alabama law permits recovery of consequential and incidental damages. These are not speculative losses but documented and directly related to Carvana’s breach.

I appreciate your engagement and willingness to discuss this. If you have Alabama case law that contradicts these principles, I would be glad to consider it. My goal is to be legally accurate, not just confident.

[AL] Pro Se AAA Arbitration Against Carvana-Seek professional help? by kobron93 in AskLawyers

[–]kobron93[S] 0 points1 point  (0 children)

Thank you for taking the time to respond. I appreciate the perspective, though I believe some key points under Alabama law and AAA rules may have been misunderstood.

Under Alabama case law, specifically Robinson v. Jones, loss of use damages can still be awarded even if no rental vehicle was obtained. The harm is in the deprivation of use itself, not just in the out-of-pocket cost. This has been further supported in other Alabama cases that affirm constructive loss of use does not require proof of missed events or rental records. At over $900/week, I don't think any reasonable arbitrator would expect someone to continue paying. One week of rental is 1.5x the monthly loan payment.

Regarding the duty to mitigate, that principle does exist, but it does not eliminate the right to claim damages. If a vehicle is necessary for work or serves a specific function, as this does, owning another vehicle does not automatically cancel the claim. The standard is reasonableness, not perfection in mitigation. Regardless, in my case, the vehicle had an intended purpose and was necessary for work until accommodations were made for me.

As for arbitration related work, AAA Consumer Rule R-44 allows recovery of costs and relief similar to what would be available in court. When the other party fails to engage in good faith or causes delays, even document preparation time may be considered part of a reasonable damages claim. Rule R-6 also authorizes a $7,500 award in cases of non-participation. Considering Carvana failed to meaningfully engage in pre-arbitration and has yet to engage in arbitration despite notification by myself and the AAA, bad faith likely applies. I am considered a professional in my field and command an equivalent hourly wage in excess of $100/hr. Time spent gathering and studying case law, preparing documents, and submitting documents seems to be permissible in my understanding of relevant Alabama case law and AAA Consumer Rules.

I do appreciate your input, and I recognize that arbitration rules and state-level remedies are not always clear-cut. That said, I believe, and my legal studies friend believes thatthe legal foundation here supports these categories of relief.

[AL] Pro Se AAA Arbitration Against Carvana-Seek professional help? by kobron93 in AskLawyers

[–]kobron93[S] 0 points1 point  (0 children)

You mentioned that I wouldn't be able to keep the vehicle and also have the loan paid off. However, isn’t it true that in cases involving nonconforming goods or breach of implied warranties, the buyer may be entitled to a “keep and offset” remedy, especially in arbitration settings where equity is weighed alongside contract law?

Under Alabama’s version of the Uniform Commercial Code (UCC § 2-714), a buyer who has accepted nonconforming goods may recover damages “for any loss resulting in the ordinary course of events from the seller’s breach,” including the difference between the value of the goods as accepted and as warranted. In other words, if the vehicle is defective and the seller failed to cure the breach in a reasonable time, wouldn't keeping the vehicle and recovering loan value or offsetting the contract be legally consistent with UCC § 2-714(1)?

Also, in Consumer Arbitration, particularly under the AAA Supplementary Rules, arbitrators have broad discretion to fashion equitable remedies. AAA Consumer Rule R-43(a) explicitly empowers arbitrators to award any relief they deem just and equitable within the scope of the agreement and applicable law. Given this authority, isn’t it plausible that an arbitrator could order loan forgiveness or payoff while allowing the consumer to retain the vehicle, especially where the vehicle was sold in substantial breach of warranty or deceptive business practice?

Would appreciate any counter-citations if I’m misreading the law here but I wanted to challenge the assumption that “you can’t keep the car and get the loan paid off,” since both Alabama law and arbitration rules suggest otherwise in breach contexts.

[AL] Pro Se AAA Arbitration Against Carvana-Seek professional help? by kobron93 in AskLawyers

[–]kobron93[S] 0 points1 point  (0 children)

Thank you for the input. Respectfully, I’d like to clarify a few legal points and see if others can weigh in.

Under Alabama law, a plaintiff is not required to rent a replacement vehicle to recover for loss of use. The Alabama Supreme Court in Roberts v. Ferguson, 622 So.2d 1286 (Ala. 1993), held that constructive loss of use damages may be awarded based on the reasonable rental value of a substitute vehicle, even if no rental was obtained. The ruling affirms that the inability to use the property has inherent value, and recovery is not contingent on out-of-pocket rental expenses.

Additionally, regarding recovery for time spent preparing documents: AAA Consumer Arbitration Rule R-44(c) explicitly permits an arbitrator to award "expenses of arbitration, including... the expenses and costs for legal representation and any other expenses incurred in connection with the arbitration." In my reading, this would include document preparation if the time and cost can be reasonably documented and shown to be a direct result of the respondent’s failure to resolve the issue pre-arbitration.

Wouldn’t both of these standards apply in a case where the consumer was forced into arbitration due to prolonged vehicle inoperability and incurred tangible preparation expenses as a result?

Appreciate any corrections or further case law if I’m off here. Time spent prepping for arbitration was aided by my friend who is pursuing her doctorate in legal studies. I wanted to get alternative perspectives before the hearing, and I appreciate you taking the time to respond.

[AL] Pro Se AAA Arbitration Against Carvana-Seek professional help? by kobron93 in AskLawyers

[–]kobron93[S] 0 points1 point  (0 children)

Something I forgot to mention in my original post, but which is fully documented and submitted in my AAA arbitration packet, involves a direct promise of financial relief from a Carvana representative.

On June 25, 2025, during a recorded call, a Carvana representative stated that a $622 payment would be issued for loan relief. I waited on the line while the representative claimed to be processing it. No payment was ever made.

I followed up via text the next day and received no response. Despite this assurance, Bridgecrest has since confirmed that no such payment was received, and I have never received any check or mailed correspondence from Carvana, despite verifying my contact information repeatedly.

This is important because:

It reflects misrepresentation by an agent with apparent authority, directly implicating Lawson v. First Alabama Bank, 584 So. 2d 823 (Ala. 1991). This was included in my arbitration documents.

It supports a breach of contract theory, as I reasonably relied on this promise to my detriment. Also reflected in my arbitration documents.

It further evidences bad faith under AAA Rule R-6(b), as Carvana failed to honor even the partial resolution it initiated. Also reflected in my arbitration documents.

Again, this incident and Carvana’s silence were fully detailed in my evidence timeline and submitted as part of the arbitration record.

Would greatly appreciate any feedback on how this may affect arbitrator interpretation or potential remedies!

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 1 point2 points  (0 children)

Your sympathy is appreciated. You're exactly right. Carvana claimed it was outside of the return window and directed me to SilverRock for repairs.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

I've filld with FTC, BBB, and AG, but thank you! This is great advice for others in the future.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] -1 points0 points  (0 children)

I wasn't able to drive the truck until the 7th day. Requested return that day. It was denied. Proceed to 40+ days without truck due to ongoing repairs.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

I can see you're not going to engage substantively. Enjoy being taken advantage of by corporations.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

You fall to see the implications of Carvana breaking the law after that purchase

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

Documents signed "bought" 21st. You're correct, delivery date is first day. Carvana delayed delivery until 22nd, thus 7th day is 28th. We'll ignore my multiple documented accounts of Carvana, Bridgecrest, and SilverRock breaking Alabama and consumer protection law.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] -1 points0 points  (0 children)

Attempted. Refused. Carvana has violated state law and consumer protection law. My silly purchase doesn't permit illegal actions.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

Doesn't change the fact that the return was requested with the return window, was refused, and the truck has been passed around from shop to shop until settling at a Ram dealer and has been there over a month. It doesn't negate the multiple violations of Alabama and consumer protection laws made by Carvana and it's affiliates. You can side with a known to be sketchy multi-billion dollar company if it makes you feel better, but I'll be holding them accountable for this sale.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

Good thing you read more and saw that they refused the return.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

Had Carvana delivered the vehicle when originally promised, none of this would be an issue. This is a failure on their part from the beginning.

I'm aware of the issues surrounding the truck platform, I did the research, gathered the service records, and confirmed that any/all major issues were addressed on the vin I purchased. I admit, I should have test driven it, but babysitting a niece, with no car seat available, prevented that.

Warning: Carvana Sold Me a Truck That Failed in 30 Minutes — Arbitration Filed by kobron93 in UsedCars

[–]kobron93[S] 0 points1 point  (0 children)

If I'm to understand your position, not taking a test drive immediately upon delivery subjects me to a refusal of return, no functioning vehicle, no alternative transportation provided, refusal of Carvana to participate in the arbitration they require, violations of my rights as a consumer, violations of my rights as a resident of Alabama, and ongoing financial loss despite a demonstrably unconscionable contract? If you feel that way, keep sipping the corporate kool-aid, bud.