Date:         Mon, 20 Oct 1997 11:13:44 -0700
Reply-To:     "Steven X. Schwenk" <sxs@CONCENTRIC.NET>
Sender:       Vanagon mailing list <Vanagon@Gerry.SDSC.EDU>
From:         "Steven X. Schwenk" <sxs@CONCENTRIC.NET>
Subject:      Re: Advice: Got taken by DPO
Comments: To: Oxroad@AOL.COM
Content-Type: text/plain; charset=us-ascii

Your remedy is to sue him for misrepresentations, both intentional and negligent,
and probably in small claims court.  As damages, you would probably want to ask
for the difference in value between what the westy was worth with a bad
transmission adn what it is worth with an ok transmission.  I wouldn't get greedy
or you will likely lose since the westy had over 100,000 miles and the judge
wouldn't understand that that is young for a westy.

you need a witness to the misrepresentation or you likely will lose.  you need
some evidence of the difference in value, and that would be the cost to repair
the transmission.  your chances of winning are greater if you ask for less than
the cost of fixing the transmission, since it might not be reasonable to expect
to have a rebuilt transmission for the price you paid for the bus, but you need
to make that decision.  keep things simple, be reasonable and have strong
evidence....

For real legal advice, you need to consult an attorney...the above are just the
ramblings of a fool who has been dringking all day and i take no responsibility
for anything said or any consequences of following same ignorant musings...

steve
89 syncro westy
san francisco

Jeff Reeves wrote:

> 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.
>
>
> TIA
> Jeff
> 83.5 Westy