What to do if f I was verbally informed that a car was in perfect condition so I bought it but it had actually been submurged in water?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if f I was verbally informed that a car was in perfect condition so I bought it but it had actually been submurged in water?
Do I have a valid case?
Asked on April 17, 2012 under General Practice, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may well have a cause of action to either rescind the sale (return the car, get your money back) or seek monetary compensation (for example, get the difference in value between what you paid for the car and what it actually is worth). When a seller knowingly misrepresents, or lies about, something material, or important, that is fraud, and fraud provides the basis for rescission or damages. The key will be whether the seller him/herself knew that the car had been submerged--if the seller did, this was likely fraud; but if the seller did not know (for example, it had been submerged when somone else had previously owned the car, and the seller never knew of that), then that would not be fraud, and you would not seem to have a legal claim against the seller.
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.