Basically an as is sale is final, and the term "caveat emptor" aka buyer beware applies.
However, if the customer can prove that the seller made material misrepresentations as to the condition of the car, then the customer can sue.
An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)
For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).
In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.
For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).
Misrepresentation is when a party does the following: (1) a representation was made; (2) that was false; (3) that when made, the representation was known to be false or made recklessly without knowledge of its truth; (4) that it was made with the intention that the plaintiff rely on it; (5) that the plaintiff did rely on it; and (6) that the plaintiff suffered damages as a result.
Fraud in the inducement is similar, basically misrepresentation designed to entice the buyer to enter the contract. It requires: The defendant made an intentional action, statement, or omission; The misrepresentation was material to the decision to enter into a contrac; The plaintiff reasonably relied on such misrepresentation, and The plaintiff suffered some degree of injury, usually economic harm.
Generally when it involves a car, damages are to either void the contract and return money/items exchanged; or to award the customer the cost to make plaintiff whole- to give him/her the benefit of the bargain; so essentially repair costs plus rental fees.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:
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