I recently prevailed in a Lawsuit against another vehicle dealer on Portland's 82nd Ave. On behalf of Ross Law, I represented a couple that purchased a motor-home from Portland RV Wholesale. During the purchase the couple had questions about the motor-home and whether or not it would be inspected. Portland RV wholesale's sales person informed the couple the motor home had been thoroughly inspected by Portland RV Wholesale.
The couple later discovered the motor-home's rear end and rear brakes were malfunctioning and needed to be replaced. A mechanic noted it was obvious the rear end and brakes had been submerged in water for a period of time. However, the couple never had submerged the vehicle in water, so the vehicle would have had to have been submerged in water prior to the sale. If Portland RV would have inspected the vehicle they should have known that the vehicle was submerged and had defective rear brakes and a defective rear end.
I relied on the Oregon Administrative Rules that apply to car dealers to show Portland RV Wholesale had engaged in unlawful trade practices. The case was heard in court annexed arbitration. The Arbitrator awarded also awarded my clients costs and their attorney fees under ORS 646.638. However, this may be the beginning of a future battle. Portland RV Wholesale may request a trial de novo, and force my clients to put on the case again in front of a Jury. Only time will tell what Portland RV Wholesale chooses to do.
If you have been injured or ripped off, or a crime victim in Oregon please call Portland Attorney Jeremiah Ross at 503.224.1658. Please remember that all outcomes vary and Jeremiah Ross does not guarantee you can prevail in your lawsuit. Also, please note that this post is about a Court Arbitration, and Portland RV Wholesale has the right to appeal the matter and request a Jury Trial. The outcome may be different at a Jury Trial.