question archive In February of 2017, Stevie went to Cuffilo Ford to look for a used car to buy
In February of 2017, Stevie went to Cuffilo Ford to look for a used car to buy
Subject:ManagementPrice: Bought3
In February of 2017, Stevie went to Cuffilo Ford to look
for a used car to buy. He test-drove a 2015 Ford Escape with an odometer reading of 32,000 miles. The salesperson assured him that the car was in "great working order" and "one of the best used cars on the lot." Stevie bought the car. After driving it for a week he learned that the car needed new brake pads and that the odometer had been "rolled back" by someone in the past. The Escape really had around 55,000 miles on it, not 32,000.
1)Assume that the seller was aware that the brake pads were worn. Did Cuffilo Ford have a duty to disclose this fact to Stevie or was Stevie obligated to inspect the car more thoroughly before he bought it? What is the rule for when sellers must disclose defects?
2)Was the salesperson's statement about the car being in "great working order" a misrepresentation? What about the statement that it was "one of the best used cars on the lot?" How do we distinguish a seller's representations of fact from his/her opinion?
CH 13- REALITY OF CONSENT
