QUESTION

mistake of fact

Asked on Aug 24th, 2015 on Breach of Contract - Massachusetts
More details to this question:
My wife bought a 2013 Toyota corolla from a reputable Toyota dealer. It was advertised as a corolla LE on the internet , bill of sale says corolla LE but it's not an LE . It's the cheaper corolla. Salesperson said they will be happy to take it back, but as a trade in.... most likely for a lot less than I paid for it. What recourse do I have.
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
You may be able to get a court to rescind the contract, i.e. let you return the car for what you paid (plus interest), minus the amount of wear and tear on the car since you bought it, based on the dealer's fraud.  Fraud is a knowing misrepresentation of fact which is reasonably relied on by the other party and causes it damages.  Here, I don't think you'd  have a problem convincing a judge or jury that a car dealership should have know what model it was selling.  The problem could be "reasonable reliance."  If the model was shown on the car's body, a judge or jury may think that your wife should have known what she was buying, and wasn't reasonable in relying on the contrary statement of the dealership.  Overall, however, I'd say you have a pretty good case based on the facts as you've represented them.
Answered on Aug 25th, 2015 at 7:52 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters