Legal Question in Business Law in California

fraud or misrepresent or ??

my friend was shopping for a new car and had a 1998 honda accord.when the sales manager brought a contract it was noted 1999. He noticed this but said nothing.the sales manager noticed later but my friend got the deal only as it was adn he signed over the title and took the new car.Next day the sales manager called and said the dealer was rescinding the contract based on the mistake.How should we run this case?


Asked on 8/15/07, 9:38 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: fraud or misrepresent or ??

Your friend recognized the dealer's mistake and tried to take advantage of it. The law frowns upon such conduct. Under these circumstances the dealer is probably entitled to rescind the contract.

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Answered on 8/15/07, 9:55 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: fraud or misrepresent or ??

Then again, the economic difference of one-model-year is pretty small. I wouldn't think it establishes a strong ground for recission. A court might prefer to award a judgment of the difference in value to the dealer. Depending on the car, it might amount to a few hundred dollars.

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Answered on 8/16/07, 1:46 am


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