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dispute over car purchase, what are my rights regarding terminating the contract
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Posted 11 months ago in Contracts / Agreements
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agreements/ contracts:
A guy had advertised his Holden Equipe car for sale and states prospective buyers that the car has never been in an accident and only travelled 120,000 kilometres. Unfortunately the car was in an accident and has travelled 150,000 kilometres but the seller did not know this. After telling me— a potential buyer - about the car the seller finds a receipt from a repair company indicating that the car had been in a serious accident but later repaired to near new condition. The seller remains silent about the repair when I later call and offer to buy the car. After buying the car I find out the truth and want to return the car.
Can you Advise the seller of his common law rights and obligations and any likely remedies that may be used by myself Answers (1)
J D. Haas
This attorney is licensed in Iowa and 5 other states.
Posted 6 months ago.
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The seller may be liable for breach of contract. The seller made 2 representations--that the car had never been in an accident, and that the accurate mileage was 120,000 km. If these representations were important in your mind to get you to purchase the car, then the seller may be liable for breach of contract due to these false representations. If the seller knew or should have known about these facts but still made false representations, then the seller is more likely to be liable. Best wishes.
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