If the dealer failed to inform me that the auto I purchased from them had been in 2 accidents with damage previously, what recourse do I have?
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If the dealer failed to inform me that the auto I purchased from them had been in 2 accidents with damage previously, what recourse do I have?
Asked on October 25, 2012 under General Practice, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the dealer knew, or reasonably should have known (that is, any dealer in his/her position must have known) of the accidents and knowingly failed to disclose them, then he or she committed fraud: the knowing misrepresentation of material (or important) information, made to get you to engage in the transaction. Fraud can, variously, entitle you to rescind the sale (return car, get money back); seek monetary compensation for reduced value of the car; and potentially seek additional compensation as well (many states' consummer fraud laws allow extra compensation when a fraud is committed against a consumer). You should consult with an attorney about your options in your specific case.
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