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div6. You miss the point. You sue, you win - and then what? Are you going then have the car serviced at the dealership? Are you going to buy more cars from the dealership? What's more, attorneys cost money, lots of it. Under the common law in this county, the American Rule is followed, meaning each side pays his own attorney fees. They should have taught you this in law school. It is very rare for a court to award attorneys fees, even in the face of outlandish behavior by one of the parties.
Odds are the dealer has raft of attorneys on retainer who deal with these situations all the time. Oldtimer would likely get papered to death by the attorneys in discovery and if my guess is right about the paperwork, there is a total failure of consideration here. So Oldtimer will get summary dispo'd at some stage, but only after the dealership has inflicted enough punishment financially first. Proving damages is also a very real difficult aspect of this case. And if Oldtimer wants to test my theory, he should try to find an attorney who will take this case on a retainer basis. Would you? I wouldn't.
Which brings me back to the practical side of things. Live and learn, buy from another dealer and spread the word to everyone who will listen. Forums like this do just that. This is the same advise I would give Oldtimer if he were sitting across from my desk. But I would gladly take his money if he still wants to file suit.
I am not suggesting he not consult an attorney. Quite the contrary. Most lawyers will give you a half hour of their time for free.
Oldtimer, if you do consult a (reputable) lawyer, let this forum know what he/she has to say
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