

| Subject: | Re: Advice: Got taken by DPO/ little VW content |
| From: | Dennis Haynes |
| Date: | Mon, 20 Oct 1997 22:59:11 -0400 |
If you really feel that something was misrepresented you can try small claims court. No lawyer and in NY you can sue for up to $3,000 for a $15.00 filing fee. Dennis -----Original Message----- From: Jeff Reeves <Oxroad@AOL.COM> To: Vanagon@GERRY.SDSC.EDU <Vanagon@GERRY.SDSC.EDU> Date: Monday, October 20, 1997 1:33 PM 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 >
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