Do I have any legal grounds to get a refund if the condition of a used car that I just bought was misrepresented to me?

UPDATED: Jun 16, 2014

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Do I have any legal grounds to get a refund if the condition of a used car that I just bought was misrepresented to me?

I bought a used vehicle a month ago from a private seller. He listed it online as having just had any and all service work done for 100,000 miles (a month prior). I bought the vehicle and now, 2 weeks later, it is parked unable to drive with several issues. One is that it needs a new engine due to a coolant leak and also damage caused by not having an oil change for thousands upon thousands of miles.

Asked on June 16, 2014 under General Practice, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A knowing or intentipnal misrepresentation of a material, or important, fact--such as whether the vehicle had proper service or not--can constitute fraud. Fraud can provide a basis to rescind, or undo, a transaction--e.g. you return the car and get your money back (or alternately, to seek monetary compensation, such as the cost to repair the car, or the difference in value between the car as it actually is and the car as it had been represented). If the seller will not voluntarily rescind the transaction or provide other compensation, however, you would have to sue him in order to force him to pay. Depending on what you paid, that  may or may not be worth doing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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