Do I have a case if I was sold a car with a “re-built” title but was never informed of this before the sale?
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Do I have a case if I was sold a car with a “re-built” title but was never informed of this before the sale?
I bought a truck. It looks nice but after I bought it, I got the title and it said rebuilt on it. However, the dealer never told me about that. Is it my fault for not asking or should the dealer have been up front?
Asked on November 10, 2012 under General Practice, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
This was something which the dealer was obligated to disclose, since it is a material--or critical--fact. His failure to disclose it could constitute fraud, if he knew or should have known of this fact; also, if you agreed to buy a non-rebuilt truck but he sold you a rebuilt one, the sale could be void due to mutual mistake (you and the dealer were each mistaken as to the state of affairs, preventing there from being an actual agreement) or could be terminable for breach (the dealer did not sell you what you were paying for). Therefore, several grounds exist under which you could potential rescind the sale (return truck, get money back) and/or seek monetary compensation (such as an amount of money to reflect the difference in value between rebuilt and non-rebuilt).
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