How do I get my money back after I bought a vehicle that was under false pretense?

UPDATED: Oct 1, 2022

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How do I get my money back after I bought a vehicle that was under false pretense?

I was buying a vehicle from a coworker who said he could help. He first showed me a New Link Destination
yota good condition, interior clean, A/C worked, registration good and up to date. Then, 3 days later, when I brought the money to him for the car, he took my payment and said I had to wait another day for the title to be done correctly. The next day his wife came to have me sign the title. After I signed they walked me to the car, and it was a different car, a ford taurus. Worse condition, A/C didn’t work, and it made a funny noise. I immediately called him and he assured me that was the car he was talking about. He said the toyota doesn’t run well. Trying to find the positive in all this and that I really needed a car, I gave it a chance. I drove it home. However, the next day going to work, it wouldn’t go faster than 25 mph on the highway and the broke down as i pulled to the side of the highway. Frustrated, I made it to work and told him what happened. I told him I wanted my money back. That all of this felt like a big lie. He went and picked up the vehicle and had it taken back to his residence. How do I get him to just give me my money back?

Asked on October 20, 2017 under Business Law, Hawaii


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue your co- worker for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have purchased the car had you known its condition.
To recover your money , sue for fraud and enforce the court judgment in your favor with a wage garnishment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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