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post #1 of 16 (permalink) Old Dec 22nd, 19, 01:53 AM Thread Starter
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Found this on the Yenko site...

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JUDGE AND JURY FIND AGAINST SELLER OF CAR WITH CHANGED TRIM TAG – NOT NUMBERS MATCHING – FRAUD – PUNITIVE DAMAGES

March 7, 2019 · Posted in News · Comments Off on JUDGE AND JURY FIND AGAINST SELLER OF CAR WITH CHANGED TRIM TAG – NOT NUMBERS MATCHING – FRAUD – PUNITIVE DAMAGES
Chicago, Illinois – March 7, 2019 – United States Federal District Court for the Northern District of Illinois – A judge and jury have unanimously ruled that a car sold as “numbers matching” must have its original trim tag.
The case involved a 1969 Chevrolet Camaro RS Z28 (VIN: 124379N697642) and was prosecuted by Bryan W. Shook, Esquire (Vintage Car Law® – Shook Legal, Ltd.) and Richard K. Hellerman in Federal Court in Chicago. The car was bought by the seller in Illinois circa 2004 and immediately taken to a restoration shop for repairs/restoration. During the restoration the original color of the car was discovered to be Burnished Brown. The seller was unhappy to learn that the original color of the car was brown and not black. It was decided to repaint the car Tuxedo Black and change the cowl tag (trim tag) to reflect the updated color. Also during the restoration the interior was changed from black standard interior (code 711) to black custom interior (code 712). This change was also reflected upon the new cowl tag. The seller owned the car for a number of years and decided, in 2014 to sell it.
Photo of the Camaro – https://drive.google.com/open?id=1rQ...9A5tNyFAN2davj
The seller advertised the car in Hemmings Motor News as “1969 Camaro Z28, Tuxedo Black – all #’s and components matching … $119,000” The buyer, who had been looking for such a vehicle (specifically a Black or Hugger Orange Z28), called the seller and specifically asked if the car was originally black and if it was original numbers matching. The seller confirmed these statements and sent a picture of the cowl tag to the buyer as proof. A deal was struck for $119,000 and the car changed hands.
The buyer was very happy with the car; it was beautiful. It was not until an appraisal for insurance purposes, over a year later, that true nature and identity of the car was discovered. During the appraisal, conducted by a noted Camaro appraiser and expert, it was noted that the cowl tag was not original to the car. Additionally, it was discovered that the rear axle was poorly restamped and not original to the car. The buyer was SHOCKED and immediately sought to unwind the deal. The seller stayed steadfast insisting that all was fine with the car.
During the course of the litigation, it was discovered that the seller had not only changed the trim tag, but had also kept the original trim tag without ever previously disclosing this to the buyer. The original trim tag was produced in the discovery phase of the case and the original trim tag clearly showed standard black interior and burnished brown exterior on this 1969 Camaro Z28.
Photo of the original cowl tag – https://drive.google.com/open?id=1f5LuTZQtni99u2eAV1pMGftvTvsIOwgV
A jury trial was held at the end of February, 2019 and the jury unanimously returned a verdict of fraud in favor of the buyer and against the seller. The jury found actual compensatory damages in the amount of $66,350 and $119,000 in punitive damages. The judge separately found in favor of the buyer and against the seller for breach of contract and breach of express warranties and ruled that the seller had to buy back the car (rescission) and pay buyer for all expenses incurred maintaining the subject Camaro since buyer first demanded rescission with costs of the suit. The total judgment award, including the rescission award was in excess of $300,000.00.
Specifically the judge found that the car was not numbers matching on at least four points:
1. The Camaro was not numbers matching because it had a different interior from when it left the manufacturer.
2. The Camaro was not numbers matching because it had a different color than it had when it left the factory.
3. The Camaro was not numbers matching because it had a different rear axle when it left the manufacturer.
4. The Camaro was not numbers matching because it had a different trim tag when it left the manufacturer.
Attorney Bryan W. Shook is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market and protect their automotive investments. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients throughout the world. Although Bryan Shook is headquartered in central Pennsylvania (close proximity to Carlisle and Hershey), Attorney Bryan Shook is available anywhere for consultation, advice, and information, most times, on as short as a day’s notice. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at [email protected] or by phone at 717-884-9010. More information can be found at Http://www.vintagecarlaw.com.
Tags: 1969 Camaro, Bryan Shook, Bryan W. Shook, Camaro, camaro fraud, camaro z28, car fraud, car law, Collector Car Fraud, color change, cowl tag, fraud, jury verdict, numbers matching, numbers matching definition, numbers matching fraud, punitive damages, restamped numbers, restamped rear axle, RS, trim tag, vintage car law, what is numbers matching, Z28
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post #2 of 16 (permalink) Old Dec 22nd, 19, 04:46 AM
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Re: Found this on the Yenko site...

hmm... that was an interesting read, I can understand how the judge came to that verdict.

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post #3 of 16 (permalink) Old Dec 22nd, 19, 06:06 AM
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Re: Found this on the Yenko site...

Price you pay when you scam

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post #4 of 16 (permalink) Old Dec 22nd, 19, 08:23 AM
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Re: Found this on the Yenko site...

Not a lawyer here, but from the stated legal judgement, the definition of NUMBERS MATCHING has taken on a new and higher standard. Good for us....bad for scammers.
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post #5 of 16 (permalink) Old Dec 22nd, 19, 09:06 AM
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Re: Found this on the Yenko site...

Surprised this happened in Illinois with the outcome but it was Federal court. Now we have at least one legal case to support c;aims of fraud in the future. Glad my trim tag is still on my car.

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post #6 of 16 (permalink) Old Dec 22nd, 19, 09:18 AM
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Re: Found this on the Yenko site...

How did the seller and whatever dimwit attorney he had representing him expect to prevail?

When buyer #1 bought the car the TT was on it so basic due diligence would have brought out the fact of the color change.

Buyer #2 when dropping a $120k should have asked for a 3rd party expert certification before he bought the car.

Happy the guy won in court. Hope he’s able to collect.
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post #7 of 16 (permalink) Old Dec 27th, 19, 11:54 PM Thread Starter
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Re: Found this on the Yenko site...

Wow!! There was a dust up over this on the Yenko site.

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post #8 of 16 (permalink) Old Dec 28th, 19, 08:15 AM
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Re: Found this on the Yenko site...

Quote:
Originally Posted by 69Z28 View Post
Wow!! There was a dust up over this on the Yenko site.
And it turned out the same way they all turn out. Everything got deleted except for the first post. And locked.

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The only reason someone would want insurance is if they want to pay someone elses bills or want someone else to pay their bills.
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post #9 of 16 (permalink) Old Dec 28th, 19, 09:19 AM
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Re: Found this on the Yenko site...

Quote:
Originally Posted by dyno jonn View Post
And it turned out the same way they all turn out. Everything got deleted except for the first post. And locked.
Ahh, Too Bad! I would have liked to read it.

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post #10 of 16 (permalink) Old Dec 28th, 19, 09:39 AM
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Re: Found this on the Yenko site...

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Originally Posted by Brettallen59 View Post
Ahh, Too Bad! I would have liked to read it.

You got the popcorn part about it right, that's for sure. Add in some wanting to protect their investment and you would have most of the rest of it. Bottom line, fraudsters gonna fraud. There is no way around that. I didn't need to add to it, since I've never had a reason to claim a car was anything other than what could be seen by looking at it. I always got a lot of laughs when I saw a car I had sold previously, and all the claims being made by a later seller. Reality sure wasn't their strong point.

Jon N

The only reason someone would want insurance is if they want to pay someone elses bills or want someone else to pay their bills.
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post #11 of 16 (permalink) Old Dec 28th, 19, 11:58 AM
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Re: Found this on the Yenko site...

Yeah. I don’t get the why? In censoring the Yenko members posts.

Cover up or ? IDK

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post #12 of 16 (permalink) Old Dec 28th, 19, 12:10 PM
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Re: Found this on the Yenko site...

Quote:
The total judgment award, including the rescission award was in excess of $300,000.00.
Quote:
Happy the guy won in court. Hope he’s able to collect.
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post #13 of 16 (permalink) Old Dec 28th, 19, 05:17 PM
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Originally Posted by Vega$69 View Post
Yeah. I don’t get the why? In censoring the Yenko members posts.

Cover up or ? IDK
sounds like Enron shread. Like someone on that site may be involved.

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post #14 of 16 (permalink) Old Dec 28th, 19, 07:36 PM Thread Starter
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Re: Found this on the Yenko site...

Quote:
Originally Posted by dyno jonn View Post
And it turned out the same way they all turn out. Everything got deleted except for the first post. And locked.

I read it all before it got locked. Some folks got a bit hot in the discussion. I saw someone was banned and a little while later it was locked. Unusual for that site to have that issue.

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post #15 of 16 (permalink) Old Dec 28th, 19, 10:08 PM
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Re: Found this on the Yenko site...

Quote:
Originally Posted by Vega$69 View Post
Yeah. I don’t get the why? In censoring the Yenko members posts.

Cover up or ? IDK
Really ?

It was simply a thread that ended up with a bunch of useless arguing so Shauger deleted the arguing and left the informative part. Nobody on the site has anything to do with the case. Cover up ? Really ?
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