What are my rights if I bought a used car from a dealer and he lied about the condition of the truck?

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What are my rights if I bought a used car from a dealer and he lied about the condition of the truck?

He said it was well taken care of newly rebuilt new brakes, etc. I have had it a week and I took it to a shop to get looked at. They told me that it was rusted like it had been setting in 4 ft of water. I noticed a smell while at the dealership and they told me the truck smelled because a window was left down and it got rained in. Now know that was a lie because of all the rust damage under the frame. there is mold on all the plastic parts under the truck and major rust damage. Do I have a case under the Deceptive Practices law to take him to court?

Asked on March 29, 2012 under General Practice, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written you have a potential claim under your state's deceptive practices law as well as common law fraud against the dealer from whom you puchased the vehicle from. The reason is that the seller of all items is required to disclose all known facts about the item that would materially affect the price paid or the desirability by a willing seller.

If you can prove that the dealership knew about material items that it did not disclose to you before the sale, you have a claim against it concerning the vehicle. The issue is what are your damages? Meaning, what was the true value of the vehicle you puchased had you known its true condition versus what you actually paid for it?


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