QUESTION

"Mutual Mistake"

Asked on Nov 18th, 2015 on Consumer Law - Florida
More details to this question:
I bought a car from a buy-here-pay-here lot and financed it from them. They sold me the car showing a clean Carfax 3 months ago, but I just found out it has had two major accidents and was never told about it prior to signing the contract to purchase the car, nor after. Now, when the dealer bought the car at auction to be sold, they had to know its history, correct? So, can't I just say that its a "Mutual Mistake" or "Common mistake" (ignorance of fact [the fact that the car was not accident free]) and get them to rescend my contract? I don't care if they keep my payments that I've made for the mileage I've put on the car, but my down payment should be refunded too, right?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Not likely. Unless you can prove they knew of the condition of the car or faked a car fax to sell it in violation of Fla. Stat. 501.975.
Answered on Nov 23rd, 2015 at 5:53 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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