QUESTION

what happens if i entered into a written contract with rpm but the contract was based on a lie that the salesman told ? would it be nullified?

Asked on Nov 06th, 2013 on Breach of Contract - Michigan
More details to this question:
I got a car in my name for a friend and the salesman at rpm was well aware of what we were intending to do. I never once lied to him. In fact my friend went up to the dealership a few days before we went there together, and picked out the car she wanted. Any way the salesman used my ID ,social security card, address and her employment info.(i had no job at the time). Then she could'nt keep up with the payments and they repo'd the car, now they are trying to sue me for the full price of the car that they got back and resold. Im very lost and do not know what i should do!
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The short answer is that if the salesman made a material misrepresentation of fact on which you relied in entering into the contract, it could be nullified based on fraudulent inducement (although it is likely that the contract you signed says something like that the writing constitutes the entire agreement between the parties, and you acknowledge that you didn't rely on any oral representations in entering into the contract.)  However, I don't see any fraud in what you described.  Buying the car in your name made you responsible for paying for it - that's the only reason the dealership sold the car, since apparently the dealership was not satisfied with your friend's signature.  It's your friend who has damaged you by not making the payments she agreed to make, not the dealership.  You can sue her for any amount you have to pay the dealership. However, you are correct that the dealership should not be able to recover the full price of the car from you.  The amount the dealership received for the car on resale (less expenses connected with the sale such as the expense of repossessing it) should be deducted from the amount you owe.
Answered on Nov 07th, 2013 at 12:27 PM

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