Legal Question in Business Law in California

false advertisement / misrepresented

A Dealer advertising a car with options and features the car does not really have, is that a no no for him? and what can be done after purchase? I saw a different ad for the same car & VIN #,it shows options the car does not have. false advertisement & misrepresenting is fraud isnt it?


Asked on 12/05/06, 8:19 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: false advertisement / misrepresented

Your question isn't entirely clear, but it sounds like you purchased the car after seeing the accurate advertisement and not the inaccurate one. If that's what happened it is unlikely that you could make out a fraud claim.

Even if you were lured to the dealer's lot by an incorrect advertisement, what matters is the information you had when you bought the car, not when you arrived. If the dealer told yiu face-to-face that some information in the ad was mistaken and gave you the correct information, you were not misled into making the deal and have nothing to complain about.

Further, even if you did decide to buy the car based upon incorrect information, the dealer only committed fraud if he intentionally misled you and if your reliance on his misrepresentations was reasonable. If the advertisement was incorrect because an employee accidentally combined one car's VIN number with another car's description, then at most there has been a negligent misrepresentation (which would give you some, but not all, of the remedies available in a fraud case). And if you figured out on your own that some of the advertisement's claims were incorrect -- for example, if the ad said the car had an automatic transmission and you saw that it was really manual -- then it would have been unreasonable to rely on the contrary information in the ad and it would not be the dealer's fault that you do so.

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Answered on 12/05/06, 3:29 pm


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