Do I have any recourse if I wasn’t sold the vehicle that I thought I was buying?

I bought what I was told was a 1 year old ATV; the bill of sale reflects this. However, went I went to put insurance on it, I was told that it’s a 2 year old model (and the VIN search confirms this). I would not have purchased if I knew it was 2 years old. I would have looked at others in the dealership had I known.

Asked on May 10, 2016 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can sue the dealership based on:
1) Breach of contract: not selling you the vehicle they contractually agreed to sell you.
2) Fraud: misrepresenting or lying about the vehicle in order to get you to buy it.
You can sue for monetary compensation (such as the difference in value between a one and two year old vehicle) or to rescind the sale (fraud in particular makes an agreement or sale voidable)--that is, return the vehicle and get your money back.

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