Legal Question in Consumer Law in Kentucky
Vechicle Purchase AgreementI
I recently traded in a 1999 Dodge Intrepid on a 1997 Jeep Wrangler at a usd car lot.I had mechanical problems with the dodge intrepid that I fixed myself and decieded to get rid of it.During the dealing process I was never asked if I had problems with the car.They drove the car and liked it so they took it in on trade.I signed the contract and attained financing through a local bank.About a week later a potential customer of the used car lot called me asking about the dodge intrepid.I told them of my past problems with the car and about articles I had read describing the problems dodge had with that engine.I told the potential customer that I would not buy the car or any dodge intrepid if I were them.Some how that information got back to the used car dealer.Their attorney contacted me and said that I had knowingly traded them a vechicle that was damaged and that I purposefully failed to disclose the said known defect.He said this constitutes fraud/misrepresentation and that are contract can be rescinded. He also cites a case from 1961 Schmidt vs Schmid 343Sw2d 817 KY.They are asking that we return their Jeep and pick up our Dodge Intrepid.
1 Answer from Attorneys
Re: Vechicle Purchase AgreementI
I am a consumer law attorney in Louisville. Please contact me to discuss your case in more detail. There are requirements to disclose certain items with regard to a vehicle, however, I would need more information to determine whether you had any obligation to disclose anything to this dealer.
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