Legal Question in Civil Litigation in New Jersey

sellers lied about age of car

My parents recently purchased a car (Miata) that the sellers advirtised as a 1999 model; they also told my parents verbally and in person that it was a '99, and charged them according to the BlueBook value for that particular model. After paying for the car, my parents noticed that the title of the Miata (which the sellers had been concealing as much as possible) said that the car was actually a 1991 model, which according to the Blue Book is worth $2000 less than a 1999 Miata would be. Upon finding this out, my mother called the sellers, who simply laughed and claimed that since the car seemed good enough to my parents to buy for the price that was offered, they, the sellers did not have to return the $2000 difference. My parents bought the car believing that they were investing in a '99 Model. They were deceived. The sellers were consciously presenting false information during the sale. What are my parents' rights in this case? Are they entitled to receive the Blue Book price difference back?


Asked on 12/20/07, 4:03 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: sellers lied about age of car

You parents have both civil and criminal remedies. The problem will be one of proof. With luck, they have something in writing that says that the car was a 1999 model.

The civil remedy is in a suit for fraud. If the seller is a merchant, they may also sue under the consumer fraud statute which is more liberal and has better remedies. In addition, it sounds as if they could make out a case for theft by deception. That would depend on the specific facts. If there is theft by deception, a complaint can be filed in the municipal court where sellers can be served.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/20/07, 4:19 pm


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