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richanne96
richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 291
Experience:  Attorney in private practice in Phoenix, AZ
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I need a list of direct examination questions to a misrepresentation

Customer Question

I need a list of direct examination questions to a misrepresentation case. Person A bought a vehicle from Person B. However Person B did not disclose any vehicle history problem to Person A. Person A put $24,000.00 down and they both agreed that he will pay the additional $12,000.00 ten days later. Before the ten day mark, the vehicle had issues, Person A took it a repair shop and paid $172 for the maintenance. Person A wants his money back and wants Person B to pay him back for the damages that Person A paid for because Person B told him that there were no mechanical problems with the vehicle.
Submitted: 3 years ago.
Category: Personal Injury Law
Expert:  richanne96 replied 3 years ago.

richanne96 :

Hello and welcome to just answers.

richanne96 :

When selling a used vehicle privately, it is very difficult to enforce any sort of warranty inherent in the contract.

richanne96 :

This is because unless Person B is a mechanic he has no way of knowing whether something minor might go wrong with the car mechanically a week from now.

richanne96 :

It is not as if the car was a complete lemon with a cracked block or something requiring a very expensive repair.

richanne96 :

Also, the buyer of a used car has a responsibility to have the car inspected prior to buying it.

richanne96 :

If Person A takes Person B to court, he will probably not succeed in trying to undo the contract.

JACUSTOMER-w66kn2km- :

There were problems with the chain tensioner, and Person B never disclosed that to Person A. So when Person A purchased the vehicle, the chain tensioner caused the vehicle to break down meaning Person A cannot drive the car

richanne96 :

Person A would have to be able to prove that Person B knew about the problem and intentionally withheld the information.

JACUSTOMER-w66kn2km- :

Can he undo the contract because of Misrepresentation? Since, Person B made false statements such as the car is in excellent condition, there is nothing wrong with vehicle mechanically, and that he took good care of it?

richanne96 :

Again, only if Person A can prove that Person B knew about spefic problem(s) with the car and intentionally withheld the information. Can Person A prove that?

richanne96 :

sorry -- specific problem

JACUSTOMER-w66kn2km- :

I'm not sure. In person B's deposition, he said he knew something was wrong with the chain tensioner

richanne96 :

Deposition? There is already a lawsuit?

richanne96 :

So you are going to trial and you want questions to ask Person A on direct?

richanne96 :

If so, ask Person A about everything Person B said to him by way of reassurances about the state of the car. It is not hearsay because it is an "admission" by a party opponent.

JACUSTOMER-w66kn2km- :

Also, person A took the car into the shop and they told him that the chain tensioner problem is due to lack of proper maintenance or extremely hard and abusive driving over a period of time

richanne96 :

Well, you can not ask Person A about what the car shop guy said because that is hearsay.

richanne96 :

Can you bring the car shop guy in to testify? Did you list him as a witness?

JACUSTOMER-w66kn2km- :

yes we have his deposition as well

JACUSTOMER-w66kn2km- :

we're turning his dep as evidence bc he is unable to testify

richanne96 :

That is good. If Person A testifies that Person B told him he maintained the car, and car shop guy says he didn't, that will be persuasive.

richanne96 :

Of course, on cross, I would ask Person A if he asked to see receipts for all this maintenance.

richanne96 :

Is there anything you can ask Person A on direct that will explain why he relied so much on the statements of Person B? Any explanation why he trusted him?

JACUSTOMER-w66kn2km- :

Wel because he doesn't know much about cars, but have always been interested in buying a sports car

JACUSTOMER-w66kn2km- :

so he relied on his words

richanne96 :

How did they meet? Did they know each other before? Mutual friend?

JACUSTOMER-w66kn2km- :

Person A found Person B's ad in newspaper

richanne96 :

Try to focus your direct of Person A on what Person B said to him about the car. Prepare him for cross examination on why he did not do more to corroborate what Person B was saying. He has got to be prepared with good answers for those questions. Cross will be the key whether Person A appears credible.

JACUSTOMER-w66kn2km- :

then called to see vehicle and decided to purchase the vehicle. The two agreed that Person A would pay $24,000.00K first then pay $12,000.00K ten days later. Once the $12K is paid the title would then be transferred to Person A. However, Person A returned the vehicle due to mechanical problems that made the car not driveable.

richanne96 :

Try to focus your direct of Person A on what Person B said to him about the car. Prepare him for cross examination on why he did not do more to corroborate what Person B was saying. He has got to be prepared with good answers for those questions. Cross will be the key whether Person A appears credible.


JACUSTOMER-w66kn2km- :

I assumed that you were going to help with the direct examination questions? I need a list of them for this case?

richanne96 :

I am going to beg off and let someone else pick this up, but you do not need a list and should not go off a list. Take a look at his deposition and which questions his answers were strongest. Consider what you can verify with other witnesses -- for example, you can verify that the car was not well maintained with car shop guy, so be sure that Person A says that Person B said he maintained the car. But without reading the depositions and knowing a whole lot more about the case, I could not possibly give you a list. Also using a list is a bad idea because the testimony does not flow. You want to just make a list of subject areas (again using the deposition testimony as a guide) and then let the questions flow from each other. The presentation will be more believable.

JACUSTOMER-w66kn2km- :

can you make my question avail to others? Thanks.

richanne96 :

I already did so when I left earlier. The question is unlocked.