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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33756
Experience:  Began practicing law in 1992
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I bought a car from a private party for my daughter. Two ...

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I bought a car from a private party for my daughter. Two days after the purchase, my daughter was in an accident. When the repair shop removed exterior body parts of the car, it was discovered there was major damage previous to our purchase. The prior damage estimate ($5,700) is higher then the purchase price ($5,600). During the purchase the seller was asked if the car had been in any accidents. The reply was no. And a CarReport listed no accidents until now - after the purchase. The seller also requested I sign an "as-is" purchase agreement, which I did. Do we have any recourse to get our purchase price returned?
Submitted: 9 years ago.
Category: Legal
Expert:  Dwayne B. replied 9 years ago.
Unfortunately the answer is maybe. Typically the answer would be no, because you signed the As Is agreement, however you specifically asked about prior wrecks and they made a specific misrepresentaion therefore I think the "fraud" would cancel out the as is. The argument is you bought a car that had not been wrecked when in reality it was.

Typically your remedy is to sue for rescission of the contract, but since the care is wrecked you can't really do that effectively. The next alternative is to sue for the difference in value between a car that had not been wrecked and one that had been wrecked and fixed.

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