What are my rights if I bought a car at a dealership 2 weeks ago but its condition was misrepresented to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I bought a car at a dealership 2 weeks ago but its condition was misrepresented to me?
I was told the car had not been in a wreck and had no damage. I told them I could pay $750 down and they advised me to tell the bank if they called that I had paid $2400 down. They also told me they would hold the check for my $750 until the following Wednesday. They deposited the check on Monday, the financing still has not gone through, and now the car is making funny noises, so I pulled the carfax myself and it was wrecked. Can I give them their car back?
Asked on June 29, 2015 under General Practice, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Fraud is when someone knowingly misrepresents, or lies about, a material, or important fact to get another person to do something, and the other person reasonably (or logically under the circumstances) relies on that misrepresentation and does that thing. Fraud can provide a basis to obtain monetary compensation or even rescind (undo) a transaction (e.g. you return car, get money back). Assuming that the dealer knew--or even must have known; that is, any reasonable car dealer would have known--that the car had been damaged and been in a wreck, then based on what you write, they seem to have committed fraud, which should let you give them their car back. If they will not take it back, you could bring a legal action (or sue) for compensation or to rescind the transaction.
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 AttorneyPages.com 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.