Legal Question in Product Liability in Florida
i was lied to
hi i would like to know something , my husband bought a car from a used dealer they have all over there dealer that all there cars are car fax cert. when we bought the car 9 months ago they also mde it very clear to us that the car had never been involved in an accident. the car has been giving us mechanical prob. so we when to another dealer to see if we could trade that car in for a newer one. they approved my husband and everthing but when they ran a carfax report they said the car had been involved in a head on collision . now the dealers wont even take our calls please tell me there is something we could do . we are finanacing that car and we still owe the bank like 20, 000 when in fact the car is only worth 11,500
2 Answers from Attorneys
Re: i was lied to
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Unless you can prove that the dealer specifically lied to you about a material fact which affects the value of your vehicle, your chances are slim. While the might have misled you, you then have to prove that it was prudent to rely on this information and not verify this information independently. This is a very hard case to prove and could prove very costly unless you can prove fraud or civil theft where damages could be threefold and attorney's fees might be awarded.
Scott R. Jay, Esq.
Re: i was lied to
If you have some documentation to show that they stated that the car was never involved in an accident, you may be able to rescind the contract based on "fradulent inducement". That is, they lied to you and the lie was material in the purchase of the car. Had you known about it being in an accident you would not have purchased it.
If you don't have proof, then you may be out of luck if you bought the car "as is" as most used car sales are.
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