Legal Question in Consumer Law in Virginia

truck dealership

A truck was sold to me @ 34,000mls. I found out it actually has 49,000mls. They advertised the trip not the mileage. Can

I return it and void the contract?


Asked on 1/05/09, 10:37 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: truck dealership

You haven't indicated who the seller was in the transaction, i.e, a private or a commercial seller.

However, whatever the case may be, you should go back to the seller with your evidence and demand appropriate redress, whether it's a partial refund of the purchase price of the vehicle or even a recission of the enire contract and the return of all of your money.

If the seller refuses to negotiate a settlement and you were clearly/convincingly defrauded and misled/induced into this sale by his misrepresentations, then you should be able to sue him successfully even if he's only a private seller supposedly selling the vehicle AS IS.

And, treble damages could be available to you under the Virginia Consumer Protection Act found in Title 59 of the Code of Virginia if a commercial seller was involved.

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Answered on 1/05/09, 11:51 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: truck dealership

You can certainly try. I would suggest you retain an attorney experienced in odometer fraud and related consumer law cases. I would be happy to consult with you free of charge or refer you as needed. Good luck.

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Answered on 1/06/09, 9:01 am


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