Do I have any legal grounds to get a refund if the condition of a used car that I just bought was misrepresented to me?
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Do I have any legal grounds to get a refund if the condition of a used car that I just bought was misrepresented to me?
I bought a used vehicle a month ago from a private seller. He listed it online as having just had any and all service work done for 100,000 miles (a month prior). I bought the vehicle and now, 2 weeks later, it is parked unable to drive with several issues. One is that it needs a new engine due to a coolant leak and also damage caused by not having an oil change for thousands upon thousands of miles.
Asked on June 16, 2014 under General Practice, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A knowing or intentipnal misrepresentation of a material, or important, fact--such as whether the vehicle had proper service or not--can constitute fraud. Fraud can provide a basis to rescind, or undo, a transaction--e.g. you return the car and get your money back (or alternately, to seek monetary compensation, such as the cost to repair the car, or the difference in value between the car as it actually is and the car as it had been represented). If the seller will not voluntarily rescind the transaction or provide other compensation, however, you would have to sue him in order to force him to pay. Depending on what you paid, that may or may not be worth doing.
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