Legal Question in Civil Litigation in North Carolina

Misrepresented Automobile sale

I bought a 'collectible' car. The seller signed notarized document stating it had not be wrecked and repaired. Found out after the sale it has been wrecked and repaired. He claims he didn't know, although he had docments in his possession showing the repair. I estimate the difference in value between wrecked and non wrecked is $1000-$1500. I called him and asked him to split the difference. He has refused all attemts at compromise. I can prove the car was mis repesented. I can't prove intent to deceive. Do I have a case for small claims court?


Asked on 3/19/04, 12:44 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Misrepresented Automobile sale

That's a good question. There are several conceivable claims. If the statement was intentional, then you might have a claim for "fraud." You also might have a claim for "misrepresentation" (negligent or intentional). Your clearest claim, however, seems to be one for "warranty." It appears that the seller made a statement regarding the vehicle in connection with the sale, and that you relied on the representation. As such, it seems that there has been a breach of warranty; under this claim, the seller's intent or negligence should be immaterial. There are some very specific "sales" laws, such as notifying the seller of the problem, providing him with an opportunity to correct the problem (which might not apply here, unless he has another car), and the measure of damages (i.e. whether you can return the car, or get the difference in value). You may want to see a lawyer, but it seems as if you have a good claim.

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Answered on 3/19/04, 6:21 pm


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