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Breach of a term (condition or warranty) of the contract made to sell the car or whether liable misrepresenting of the car

Chicago, IL |

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

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Attorney answers 1


You need to determine whether your state has a consumer protection statute (sometimes referred to as a deceptive trade practices act). If so then you will likely be able to assert a claim against the non-disclosing seller.

However the phrase "caveat emptor" or "let the buyer beware" is going to be a good defense in this case. Unless the seller made a representation to you that was false you will likely have a difficult time prevailing.

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