Is there a way for me to return a commercial vehicle without ruining my credit?

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Is there a way for me to return a commercial vehicle without ruining my credit?

I purchased a commercial dump truck 8 months ago. According to the paperwork
that I signed during purchase, the truck is supposed to have a Cummins Engine. I
have recently found out that it does not. Is there any way to have the
dealership take the truck back?

Asked on March 6, 2019 under Business Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you were provided documentation before purchasing (i.e. before signing the contract of sale) stating that the truck had a Cummins engine and you based your decision to buy the truck at least partly on that, then they committed fraud: the misrepresented (misstated or lied about) a material or important fact, upon which you reasonably relied, to induce or cause you to buy the truck. Fraud provides a basis to void, or undo from the beginning, a contract or transaction. You could return the truck and get most of your money back (they would be allowed to keep a reasonable amount for the use you made of the truck and mileage/wear you put on it).
Ask them to take it back first: maybe they will, or at least offer you enough compensation that you elect to keep the truck. If not, sue them for fraud.


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