punitive damages for fraud?

[hatinnd]

North Dakota
Car bought on Ebay. Advertised as a 'Special Edition', car show ready, fully restored 1978 Trans Am. It is not a Special Edition and is a rust bucket inside and out. The ad also specifically stated "there is NO rust on this car".
I have lots of evidence, including copies of the origional ads. The fraudster lives in Illinois and I live in North Dakota. Are punitive damages awarded in cases of fraud?

 

[ecmst12]

Punitive damages can't be awarded in small claims court. If it's enough money to go to real court, you would ask your lawyer.

 

[hatinnd]

treble damages

Treble damages would be nearly $40,000. Videos are on Utube. keyword (tommy denic). You can see the ad, and the car. If that isn't willful fraud then I don't know what is!! He lives in a $680,000. house, so collecting shouldn't be a problem.

 

[Zigner]

I reviewed the ad that you posted. All of the terms are subjective, except for the no rust part. Unfortunately, the way the no rust part is worded, it applies to the t-top only.

Furthermore, I don't see a copy of the actual eBay ad...


Buyer Beware


(Honestly, I don't understand why ANYBODY would buy a car sight unseen...it just boggles the mind)

 

[hatinnd]

Tommy? Is this You??

Lol. Wow! you argue his case like a lawyer. BUT it's advertised as a 'Special Edition'. I wouldn't have known the difference until I posted these videos, and had Trans Am people who know more than I do, write to me and tell me that this Is Not a Special Edition. So I'd still have been screwed if I had seen the car up close and personal! Tommy Denic sells LOTS of Trans Ams and someone told me that they had INFORMED him that this is not a SE. So HE knew. Or SHOULD HAVE known before advertising it as one.

 

[Zigner]

Lol. Wow! you argue his case like a lawyer. BUT it's advertised as a 'Special Edition'. I wouldn't have known the difference until I posted these videos, and had Trans Am people who know more than I do, write to me and tell me that this Is Not a Special Edition. So I'd still have been screwed if I had seen the car up close and personal! Tommy Denic sells LOTS of Trans Ams and someone told me that they had INFORMED him that this is not a SE. So HE knew. Or SHOULD HAVE known before advertising it as one.

I'm just pointing out why you may have problems with your case.

 

[hatinnd]

I was kidding!

I know - I'm just joking with you. And I thank you for your input.