What to do if I bought a car from a guy and he didn’t tell me it was a salvage car?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I bought a car from a guy and he didn’t tell me it was a salvage car?

I went to the DMV and they told me I couldn’t register it.

Asked on March 31, 2012 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should be able to rescind the transaction--give the car back, get your money back. There are two grounds for this:

1) He didn't provide what you paid for--a car you could register. When a seller provides defective or nonconforming goods to a buyer, the buyer does not have to accept them.

2) Fraud--a material misrepresentation made to get you to engage in a transaction is fraud; representing a salvage care as a nonsalvage car would likely onstitute a material (or important) misrepresenation, and thus likely constitute fraud. Fraud entitles the defrauded party to rescind the transaction.

If the seller will not voluntarily rescind the transaction, you would need to sue to enforce your rights.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption