What to do if f I was verbally informed that a car was in perfect condition so I bought it but it had actually been submurged in water?

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What to do if f I was verbally informed that a car was in perfect condition so I bought it but it had actually been submurged in water?

Do I have a valid case?

Asked on April 17, 2012 under General Practice, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may well have a cause of action to either rescind the sale (return the car, get your money back) or seek monetary compensation (for example, get the difference in value between what you paid for the car and what it actually is worth). When a seller knowingly misrepresents, or lies about, something material, or important, that is fraud, and fraud provides the basis for rescission or damages. The key will be whether the seller him/herself knew that the car had been submerged--if the seller did, this was likely fraud; but if the seller did not know (for example, it had been submerged when somone else had previously owned the car, and the seller never knew of that), then that would not be fraud, and you would not seem to have a legal claim against the seller.


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