If I purchased a vehicle with a clean car history report but later find out it had been in an accident and the dealer knew, is that fraud?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I purchased a vehicle with a clean car history report but later find out it had been in an accident and the dealer knew, is that fraud?

Asked on May 3, 2012 under General Practice, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the dealer knew, then yes, that could constitute fraud: fraud is the knowing misrepresentation (or lie) about a material (or important) fact, made to induce someone to do something or enter into a transaction. Representing a vehicle that had been in an accident as one that had not been would be misrepresentation of a material fact, so if the dealer knew of the true state of facts, this would seem to be fraud.

If it is fraud, you could potentially rescind the transaction (give car back, get money back) or seek monetary compensation (e.g., the difference in value between the car as it actually is, having been in an accident, and the price you were charged based on the representation it had a clean history).


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