What are my rights if I bought a car at a dealership 2 weeks ago but its condition was misrepresented to me?

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What are my rights if I bought a car at a dealership 2 weeks ago but its condition was misrepresented to me?

I was told the car had not been in a wreck and had no damage. I told them I could pay $750 down and they advised me to tell the bank if they called that I had paid $2400 down. They also told me they would hold the check for my $750 until the following Wednesday. They deposited the check on Monday, the financing still has not gone through, and now the car is making funny noises, so I pulled the carfax myself and it was wrecked. Can I give them their car back?

Asked on June 29, 2015 under General Practice, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Fraud is when someone knowingly misrepresents, or lies about, a material, or important fact to get another person to do something, and the other person reasonably (or logically under the circumstances) relies on that misrepresentation and does that thing. Fraud can provide a basis to obtain monetary compensation or even rescind (undo) a transaction (e.g. you return car, get money back). Assuming that the dealer knew--or even must have known; that is, any reasonable car dealer would have known--that the car had been damaged and been in a wreck, then based on what you write, they seem to have committed fraud, which should let you give them their car back. If they will not take it back, you could bring a legal action (or sue) for compensation or to rescind the transaction.


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