What constitutes grounds to get out of an auto contract?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes grounds to get out of an auto contract?

I bought a used car 2 months ago. The odometer read 89,389 miles but the purchase agreement states 89,000. Is this technicality enough to get out of the contract? Not just for this reason but the car broke down last week and I had to have it towed to a mechanic. Upon looking at the car the mechanic told me that it should not have passed inspection because of all the corrosion around the motor mounts. If a car should not have passed inspection in the first place should I beable to return the car? Or does the dealer get the option to reapair the damage?

Asked on March 26, 2012 under General Practice, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically fraud or mutual mistake of material fact would allow a person to cancel (rescind) the purchase of a car inthe situation that you are writing about. My question is do you have any facts to show that the dealer knew of material facts about the vehicle that you bought that would affect its value or desirability? If so, then you may have a legal basis to rescind your purchase of it.

You have the burden of proving fraud or mutual mistake. As to the 389 miles discrepancy, such amount seems to be trivial with respect to the car in that potentially whoever wrote the number of miles rounded it down to 89,000.


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