Local Mercedes dealer promised to "Fix" CarFax he said was in error so I bought the used 2006 car, 6 months ago, with that verbal promise. He didn't/couldn't and now that I want to trade-in the car to a different dealer I am stuck with a car that has less value than if it had a clean CarFax as promised. I think I should be able to sue in small claims court for the amount I lost because of dealer's failure to follow through. My main concern is that his was only a verbal promise. Do I have a case?
It sounds like your problem is not that the promise was verbal, as opposed to in writing, but rather that the dealer "promised" to do something he could not do -- namely "fix" a CarFax report that was correct all along. You might be able to bring a claim for fraud against this dealer, if you can prove he lied to you about the condition of the car. But fraud must be pled with particularity.
I agree with my colleague here, he made a material misrepresentation so fraud would be your best course of action, but as she has indicated it is not always the easiest to prove. Best of luck!
Reena Kaur Khalsa, Esq. Personal, Telephonic, and Video Chat Consultations are available. Please note that the information provided above cannot be construed as legal advice and does not indicate the formation of an attorney-client relationship. If you seek further help, I strongly encourage you to seek the advice of an attorney. This disclaimer is in addition to any disclaimers that the Avvo website has provided.
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