The burden of proof is on the seller to prove its damages as a result of the use. Neither should the buyer be charged with the reduction in the value of the vehicle attributable to the passage of time, because it was the seller's refusal to accept the vehicle that led to that damage. In no event should the amount of the offset exceed the market value of the vehicle when sold to the buyer, taking into account its undisclosed salvaged or rebuilt condition. Accordingly, we must remand the case to the trial court for a determination of the setoff. On remand, our holding will require the trial court to redetermine the market value of the automobile in its clipped condition.
Seller challenges that amount on appeal.
Where the evidence conflicts, the tribunal must state clearly what evidence it credits and why, so that the parties and this Court will know how the decision was reached. The trial court also found seller liable for misrepresentation and awarded buyers damages for fraud. The trial court found that because of the way Audis are built, the presence of a seam would not alone indicate the vehicle was clipped. The trial court did not err in rejecting seller's argument. Accordingly, buyers are entitled to damages for fraud.