Is it fraud if the seller removes items that were supposed to come witha car?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it fraud if the seller removes items that were supposed to come witha car?

The car I looked at came with a nice stereo, sub-woofer, 4 tires with at-least 6 months of tread and the same size and brand, and the battery was new. When we met at the DMV to change the title over he did his part and left. When I was done I went out to my new used car and the stereo was changed out, the sub-woofer gone, the tires were bald and 2 different brands and sizes, the battery changed out and didn’t even fit in the harness. What can I do. He wont even call me back

Asked on February 28, 2012 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is almost certainly fraud--fraud is a knowing misrepresentation, or lie, made to induce you to enter into a transaction (and which you reasonably rely upon in entering into the transaction). A misrepresentation can often be non-oral or non-verbal--e.g. you can be lied to by being shown a fully equiped car which you are told is the one you are buying, then have the accessories, options, etc. taken out before the sale closes. From what you write, you would seem to have a cause of action against the seller--you can potentially rescind the sale (give car back, get money back); sue for compensation (e.g. get the difference in value between accessorized car and non-accessorized); and/or seek the return of the specific items (like the good stereo) which were taken out. If the value of what was taken was around $2,000 or more, you probably should speak with an attorney about the matter; if it's less than that, you may wish to sue in small claims court, representing yourself. Good luck.


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