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

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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 11 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.


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