Legal Question in Civil Litigation in Virginia
I was in the process of looking for a car and my dad's friend said that he would loan me money to get a car. Well instead of loaning me the money he just went out and purchased a vehicle from a private seller without notifying me first. I was not able to test drive it or have it officially checked out. He just up and called and said come pick up your car. After driving it only twice, a flashing light came across my dash. I took it to a mechanic and the transmission is bad. My dad's friend told me everything was fine with the car and turns out things are not fine. Am I able to return the car to my dad's friend without any penalty? Would this be considered fraud since he told me the car checked out when it actually did not?
1 Answer from Attorneys
No, not fraud on these facts but surely a certain level of unwarranted presumption on the part of father's friend which should justify your returning this
apparent "vehicular lemon" to its original purchaser without penalty
(per my opinion).
P.S. Hopefully you will be able to work amicably through your dad to accomplish this return to his friend without stirring recriminations or other adverse emotions in either.
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