Jeffrey and Karen Winter - Page 5




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          price in excess of its worth and caused them to suffer damages              
          for this difference in value and the difference between the                 
          represented income of the hotel and the actual income of the                
          hotel.  Finally, petitioners alleged that Mr. Meglin negligently            
          misrepresented that the Truckee Hotel had the income and expenses           
          for 1989, 1990, and 1991, as listed in the income and expense               
          statements, which proximately caused petitioners to purchase the            
          hotel for a price in excess of its worth and suffer damages for             
          the differences between the purchase price and actual value of              
          the hotel and the represented income and the actual income of the           
          hotel.                                                                      
               The matter was referred to nonbinding arbitration, and a               
          hearing was held on April 14, 1994.  During arbitration,                    
          petitioners sought the following damages:  (1) $612,000 for the             
          difference between the purchase price and the actual value of the           
          property at the time of sale; (2) $343,437.27 for lost profits              
          based on the financial information provided by Mr. Meglin; (3)              
          $338,000 for amounts reasonably expended in renovation of the               
          hotel based on Mr. Meglin’s representations; (4) attorney’s fees            
          and costs; and (5) punitive and exemplary damages.  The                     
          arbitrator found that the income represented by Mr. Meglin in the           
          income and expense statements was accurate but that the                     
          representations made regarding operating expenses were careless             
          at best and grossly negligent at worst.  The arbitrator found               






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