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I purchased a used vehicle sight unseen that was listed as almost perfect with no faults, codes or problems. When it was delivered the vehicle had a transmission fault, suspension fault, unknown about body damage, loud grinding noise in rear end. The seller from dealership has told me for a month now that he will fix it. Today they told me to sue them and they were done and not going to fix it. Can I sue them for fraud or selling unsafe vehicle?
Asked on January 4, 2019 under Business Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Fraud is not selling something unsafe; it is lying about what you are selling, since fraud is the misrepresenting (lying about) some material (important) fact or facts, like the car's condition, or failing to disclose (hiding; lying by omission) problems known to the seller, which misrepresntations were made with the intent that the other party rely on them and upon which the other party did reasonably rely (no good reason to not trust what you were told). What you describe does appear to be fraud. Fraud can be a basis to rescind (undo) the contract--return car and get your money back, less perhaps a small "use" charge for the use you did make of it--or to sue for monetary compensation, such as the cost for repairs. So it does seem that you could sue them.