Can I return a car to a seller and get my money back if the misrepresented the condition of the car?
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Can I return a car to a seller and get my money back if the misrepresented the condition of the car?
I just bought a used car from a non-dealer on Craigslist. We met and took it for a test drive. He told me he had just flushed the radiator and that the AC worked on the car. I paid him $1,000 in cash and he gave me the title/ registration. We were going to meet this Friday to sign over the title, so the title is officially still in his name. The AC doesn’t work and four days later there is a problem with the radiator so the engine starts to overheat. I have proof that we talked on an email and a $1,000 withdraw slip from the bank.
Asked on May 28, 2013 under General Practice, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The misrepresentations you describe could support getting out of the transaction (returing car; getting money back) if they were in fact misrepresentations: that means if the AC did not work when the car was sold to you, for example, of the radiator was faulty when it was sold to you--and the dealer was aware of these problems, but lied about or hid them--you may have good grounds to rescind the transaction. If those conditions developed after purchase--which is possible, though unlikely from what your write--there would have been no misrepresentation and you'd still be obligated to the transaction. (A car dealer is not responsible for problems of which he was not aware and/or which developed after purchase, except to the extent there is a warranty or guaranty.)
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