Legal Question in Consumer Law in Nigeria

I Purchased a Honda accord from a mechanic who was introduced to me by a friend on July 5th 2014. He claimed to know the entire history of the car and that he was an agent of the seller who he said was the first owner of the car. After a part payment the engine started developing issues. I have since discovered that the car was accidented in 2006 in the United States and was damaged and declared salvaged. It has developed serious problems leading to a damaged engine amongst others. The mechanic tried to fix the car but it has gotten worse. This happened 3 months ago. Can I sue him for fraudulent information and ask for a refund? I bought the car because he told me he knew the history of the car and the owner.


Asked on 10/02/14, 12:23 am

1 Answer from Attorneys
Chukwuyere Izuogu

You can indeed sue the mechanic for fraudulent misrepresentation (which is a crime) since you placed reliance on his false statements in purchasing the car. In this case, you will have to show the court that the mechanic as an agent to the seller stood to gain some money from the transaction. This shouldn't be too difficult as an agent will always be paid an agency fee for any closed transaction.

Another option is to sue the seller for misrepresentation under contract law, if you can show that he was aware of the statements made by the mechanic which induced you to purchase the car. In this case you can seek for a full refund of your money and the damages in the amount of monies you expended in repairing the car.

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Answered on 10/02/14, 1:41 am


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