Date:         Mon, 20 Oct 1997 02:29:33 -0400
Reply-To:     Oxroad@AOL.COM
Sender:       Vanagon mailing list <Vanagon@Gerry.SDSC.EDU>
From:         Jeff Reeves <Oxroad@AOL.COM>
Subject:      Advice: Got taken by DPO/ little VW content

Hello--

If anyone has advice having found themselves in a situation where a used car
was misrepresented by the DPO-- and was able to recover some money or not,
please let me know.

The Story:
I bought my 83.5 Westfalia in April. When I specifically asked him, the DPO
told me the humming noise when the Vanagon was running was "normal" for this
type of vehicle. It didn't seem normal to me but the PO was a seemingly nice
old guy. Since he owned and operated this VW for 15 years I ignored my own
instincts and put my trust in him. I had never owned a bus before, and though
"Hmmm these things are kind of loud." (I'm not the brightest kid in my
family)

On the 150-mile drive home to New York I began to realize the noise could not
possibly be normal. And the noise stopped when the clutch was down. OK it's
the 4-speed transmission. I'll get it checked.

My local dealer (Trend Motors-Rockaway,NJ) was the only mechanic willing to
look at the transmision. One trusted transmission shop said he wouldn't look
because the parts were too expensive and we'd both be wasting our time. AAMCO
and Lee Miles said "No" flat out--take it to the dealer. More mechanics more
of the same.

So the dealer says the transmission is shot. The main bearing must have
started making noise quite some time ago and the fluid was contaminated with
shavings according to the mechanic there. The gear were likely worn unevenly
and soon the transmission would slip out of gears etc. The only option was a
factory rebuild @ $2,800 including labor. Bear in mind no one else was
willing to to work on or diagnose the transmission.

I bought a rebuilt unit from California for $1,100 and installed it myself.

I have all the receipts and the estimate and diagnosis from the dealer. The
estimate shows the mileage of the vehicle which is the same as the mileage at
purchase date plus 150 miles. My question is has anyone every had a similar
experience and been able to recover any money from the PO through small
claims court or other (legal) means. I understand that in most states if the
PO is asked a specific question about a vehicle and answers it untruthfully
or knowingly misrepresents a vehicle he is liable for the cost of the repair.

The Westfalia was bought in Maryland for $4,500 with 109,000 miles, and a
newly rebuilt engine. The engine still has the stickers on it from VW of
Canada so I believe it is rebuilt. I had to do some fuel injection and
exhaust work to get it operating properly. In fact the exhaust studs at one
cylinder slipped out due to cross threading. And there were some other
problems with some equipment which added up to about $2,000 including the
transmission. None of that cost includes costs for labor which I did myself.

The Vanagon is running well now with the rebuilt transmission and exhaust
properly installed etc. But I would sure like to recover some of the cash I
put into the transmission. Any advice will be greatly appreciated. (But
please don't tell me to get the car checked out by a mechanic before I buy
it--because I've already figured that out.)

BTW all the above work was completed with the help of all you list member for
which I am eternally grateful. And in August I travelled 6,000 miles from New
York to Wyoming and back. So the story is not all bad.

TIA
Jeff
83.5 Westy