What constitutes a case of auto sale fraud?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes a case of auto sale fraud?

I recently purchased a used car from a dealer.The car was advertised as having a new timing belt and water pump – 2 items that are extremely important to this particular make and model, as any slippage or breakage of the timing belt can ruin the entire engine. I have a copy of the vehicle advertisement which clearly states the vehicle has a new timing belt and water pump.The vehicle broke down just days after the purchase. After speaking with the dealer, it was revealed to me that he was not certain that either the timing belt or the water pump had been replaced.

Asked on December 1, 2012 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

That may be fraud, since fraud is the making of a false statement of fact to induce someone to rely on that fact and enter into a transation, while knowing--or at least, the speaker reasonably should be aware--that the statement is false. Affirmatively representing that  these items were new while knowing that he had no basis for that assertion may make the dealer guilty of fraud. This is also likely a breach of contract case: the ad would essentially be integrated into the contract, since it described the item you were buying, and so you did not get what you paid for. Or alternately, the contract of sale could be rescinded due to mutual mistake: you and the dealer both thought these items were new, but they were not, meaning you were both mistaken as to what you were agreeing to and there was no "meeting of the minds." Therefore, there are three possible grounds for either rescinding the sale or seeking compensation.


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