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Richard, Attorney
Category: Business Law
Satisfied Customers: 53705
Experience:  32 years of experience practicing law and a businessman.
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We were looking for church van on line and we found one in

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We were looking for church van on line and we found one in Iowa at Gabus Ford. I was told and E-mailed to me it was a 2011 "CERTIFIED" vehicle with 28600 miles on it. We drove almost 600 miles one way to get it... While signing papers I mentioned about I was grateful it was certafied, they said they would check on that...... Well when I got home they emailed me and apologized that it wasn't certified..... Knowing I had just gave them a church check and paid it in full.... What can we do about this??? Thanks Robert
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. You can rescind the sale. A seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the car. Advertising the car as "certified" when it is not "certified" qualifies as something that a reasonable buyer would consider significant. Thus, you have recourse. If the seller is not willing to remedy the situation by refunding your money in full, raise the stakes on your seller by letting the seller know you will be filing a claim not only as a breach of contract case, but also as a deceptive trade practice action, which will entitle you not only to actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That typically provides plenty of incentive for the seller to settle this on your demands rather than to face the possibility of these punitive damages; but, if it does not, file the suit.

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