What legal action can I take, if any?

UPDATED: Oct 1, 2022

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What legal action can I take, if any?

We live in NYC and leased a car from a CT dealership, as has been done several times before. This time, as in the past, we asked about mileage overage, scratches, does our agreement today cover everything we will owe, etc. Their answer to every question was,

Asked on March 18, 2018 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you could convince a court that the dealership lied to you about these issues and did so intentionally to get you to enter into a transaction with them, and that you relied on their misrepresentation(s), and further that it was, under the circumstances, reasonable to rely on their misrepresentation(s) (that is, no good reason to be doubtful or suspicious or know better), then you may be able to successfully sue them for fraud. If you can do that, you could recover monetary compensation (such as the $5k you evidently owe to the leasing company). You can prove fraud by credible witness oral testimony (e.g. your testimony) and do not technically need written evidence or documentation (though of course you would be have been in much better shape with something in writing, since otherwise it become "he said/she said" and your word against theirs). This--a lawsuit for fraud--would be the only way to get compensation if they won't voluntarily offer you compensation or pick up the charge for you.

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