Legal Question in Civil Litigation in Florida
I traded a 2008 motorcycle to a girl for a 1999 ford truck that I found out a week later had about $3000 worth of damage that she didn't tell me about. She told me before I bought the truck that she had gone to a mechanic for all maintenance on time and they said the truck was in great condition. Is there anything I can do to reverse the trade or get her to pay to get the truck repaired?
3 Answers from Attorneys
As is purchase. Unless you have a written warranty that the truck was trouble free, you are stuck. Sorry.
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I agree that unless she provided you with a warranty, a person needs to be careful when purchasing a vehicle "as is."
I disagree. If she led you to believe that the truck was not in a damaged condition, you may be able to sue her and get out of the trade, or at least get the money for the value of the motorcycle. When someone says something like, "I took it to a mechanic for all maintenance," it's reasonable to believe, in my opinion, that the truck has been cared for and is in a relatively undamaged condition. She said the mechanic told you the truck was in "great condition." Maybe she said other things to make you believe that as well. If someone leads you into a contract by saying things to make you believe an untruth, they may have fraudulently induced you into the agreement. If a contract is based on fraud (or fraudulent inducement), it can be set aside by a judge. You should speak to a civil litigation attorney.