Having a list of other customers who felt mislead could help your case. If you could get them to appear as witnesses in court would be the best thing. A notarized letter from them would be the next best thing.(possible class action suit) If you can't get either, having a long list of unhappy customers could still go against his credibilty, especially if there's a whole pile of them. Used equipment is generally sold as is unless there is specific written warrantees for the equipment or specific components like the engine or transmission. Nothing in writing makes it very hard to prove your case. E-mail correspondence can be very helpful. As was said, you need to prove that he deliberately mislead you to the condition of the machine or a major component(transmission) of the machine and he knew it was bad. Did you try the machine out before purchasing or have a mechanic check it out for you? If not, it was a big mistake on your part.
I saw a case on TV where a person with a case very similar to yours won. A guy purchased a Ducati motorcycle for a premium price that was represented in perfect condition. A few days after purchasing it he was having problems with it jumping out of gear. The seller claimed the buyer did something wrong to cause it jump out of gear. The buyer took it to a Ducati shop to have it checked out. Being it was a Ducati, there aren't 3 or 4 different dealers in the city like with Honda or Yamaha. The Ducati mechanic recognized the bike right away and informed the buyer that the seller had brought it there for the same reason a couple months earlier but never had it repaired. When the seller was trying to argue he knew nothing about a problem and it was sold as is, the buyer produced a copy of the sellers work order and also a sworn statement from the mechanic. It said right on the sellers original work order, transmision needs overhaul due to jumping out of gear. Guess who paid the $1000 or so for the repairs? The judge came down hard on the seller even though the show paid the judgement for him. That's the kind of evidence you'll need. I would try to contact as many people who have had bad dealings with this guy as soon as possible. Even better would be if could find out who the previous owner was. It's quite possible they got rid of the machine because of the transmission problem. Cat transmissions are generally pretty reliable though. I have a 931B. Dave
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