Legal Question in Business Law in Oklahoma
Fraud
i purchased a new car on 7-26-2007...i unknowingly signed a back dated contract that read 7-19-2007...this basically did 2 things...#1-it cheated me out of 1 weeks worth of warranty & made me pay 1 week's worth of interest on a car i didn't have...i made the dealership aware of this contract desceptancy the next day (7-27-2007)...they have had over 3 months to correct this contract & refuse to do so...i can prove with written evidence, they didn't possess the car in question on 7-19-2007...my question to you is this: #1-what are the ''LEGAL'' elements of fraud to PROVE &/or DISPROVE in a court of law...
2 Answers from Attorneys
Re: Fraud
There are legal ramifications but my question is this...When you signed the contract did you read it? Secondly, did you write down the date with your signature to reflect this date...7/26/2007. If yes, this is the date that the contract is in effect and no activity including interest charges should have been charged place prior to 7/26/2007. If it does, you can prove to the court that the dealership may have had had malicious intent presenting a back-dated contract or they may have deliberately had you sign the contract issued before-the-fact with the intent to defraud.
Re: Fraud
Based on the information you provided, the elements you may want to look are any harms, hardships and detriments that may have resulted from this particular act or lack of action on the part of the dealership.
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