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Misrepresentation

At common law, if you are induced to enter a contract by a material misrepresentation then you can rescind the contract and/or sue for damages.

The person concerned would have to prove on the balance of probabilities that:

  • the misrepresentation was actually made, which, if it was only verbal and there were no independent witnesses will be problematic,
  • the misrepresentation caused them to enter the contract.

If the dealer were to deny everything, and it came down to a "he said, she said", then, on the evidence, the person wouldshould lose. The facts are equally consistent with the buyer making an unprompted mistake as to the model of the car. Unfortunately, while most cases are compelling when you only have one side's story; when both sides get to have their say the facts become less easy to determine.

Outside of misrepresentation, the person can complain to whatever government consumer protection agencies there are in Florida.

Misrepresentation

At common law, if you are induced to enter a contract by a material misrepresentation then you can rescind the contract and/or sue for damages.

The person concerned would have to prove on the balance of probabilities that:

  • the misrepresentation was actually made, which, if it was only verbal and there were no independent witnesses will be problematic,
  • the misrepresentation caused them to enter the contract.

If the dealer were to deny everything, then, on the evidence, the person would lose.

Outside of misrepresentation, the person can complain to whatever government consumer protection agencies there are in Florida.

Misrepresentation

At common law, if you are induced to enter a contract by a material misrepresentation then you can rescind the contract and/or sue for damages.

The person concerned would have to prove on the balance of probabilities that:

  • the misrepresentation was actually made, which, if it was only verbal and there were no independent witnesses will be problematic,
  • the misrepresentation caused them to enter the contract.

If the dealer were to deny everything, and it came down to a "he said, she said", then, on the evidence, the person should lose. The facts are equally consistent with the buyer making an unprompted mistake as to the model of the car. Unfortunately, while most cases are compelling when you only have one side's story; when both sides get to have their say the facts become less easy to determine.

Outside of misrepresentation, the person can complain to whatever government consumer protection agencies there are in Florida.

Source Link
Dale M
  • 226.6k
  • 17
  • 262
  • 519

Misrepresentation

At common law, if you are induced to enter a contract by a material misrepresentation then you can rescind the contract and/or sue for damages.

The person concerned would have to prove on the balance of probabilities that:

  • the misrepresentation was actually made, which, if it was only verbal and there were no independent witnesses will be problematic,
  • the misrepresentation caused them to enter the contract.

If the dealer were to deny everything, then, on the evidence, the person would lose.

Outside of misrepresentation, the person can complain to whatever government consumer protection agencies there are in Florida.