Consumer Protection Law

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Misrepresentation Related Questions

What is misrepresentation?

Misrepresentation is considered a contract law concept. This means it is a false statement of fact made by one party to any other party, which may result in the party being led into a type of contract. An example may be when a false statement or promise that is made by a seller of goods in regards to the quality or nature of the product. When there is a finding of misrepresentation then there is a allowance for a remedy of rescission and sometimes damages, but this depends on the type of misrepresentation that applies.

In the state of California, is there any one suing Transamerica Life over misrepresentation resulting in the loss of policies due to both agent misconduct and the company giving incorrect assumptions and false instructions?

In the state of California, there are currently no class action lawsuits against this company. There however, have been many suits against them throughout the US and Canada since the year of 1997 for various unfair and deceptive actions. As with any class action law suit, the suit starts with one party starting the suit and then several others joining in and splitting the money that may be awarded in the end. So even if there is no class action lawsuit going on right now in California, the person in California that has the issue may be able to start one.

If a person purchases a vehicle based on the salesman stating it was considered hybrid, finds out that the vehicle would never be considered a hybrid, goes and buys an actual hybrid loosing $14,000 in the process, is there anything the customer could do?

Yes there is something that the customer can do. Many times the customer can start off by demanding that the dealership pay the $14,000 loss. If the dealership refuses to do so, then the customer can sue the dealership for material misrepresentation. Since the customer would not have bought the vehicle without the dealership misrepresentation. The dealerships misrepresentation is in violation of Virginia Consumer Protection Act.

If a person purchase a time share, and finds out after they go and stay in the time share that the company misrepresented the handicap accessibility to the hot tub, can the person get the attention of the ADA?

The best thing for the customer to do in this situation is to sue for rescission of the contract since the time share was materially misrepresented. The person could also sue for the cost to make the time share meet the condition in which it was represented to the customer.

In the state of Colorado, can a pet store be sued for misrepresentation if the customer buys a pet then finds out that the pet has parasites?

In the state of Colorado the customer’s rights against the seller are those that are outlined in the contract. If the pet was sold with no warranty or as is, then the customer would have to prove that the parasites were concealed were fraud, misrepresentation, or concealment of a defect in order for the customer to recover the cost to remove the parasite from the pet. If the customer has a warranty that is not being honored or they feel like the pet shop is guilty of misrepresentation of the pet, then the customer could make a complaint with the Attorney General. The customer would have to show proof that the seller knew that the pet was sick.

Misrepresentation of a product causes issues for the customers as well as the company or person that sells the product. If a customer feels that they are victims of misrepresentation, then he/she may have several questions regarding his/her rights. He/she would need to seek an Expert out to gain the answers to any questions that may come up.
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