Jimbrowski,
Here’s the lowdown – if the item was misrepresented to you, the resulting contract is voidable, but you cannot sue. If you were frauded, the contract is voidable and you can sue.
Of course, you would have to prove you were frauded. Based on what you’ve said, I don’t see any fraud on the part of the dealership. Misrepresentation? Probably. But fraud? I’d just let it go.
Thanks vandal.
What’s the difference between misrepresentation and fraud (in this case)?
“Misrepresentation” = “I don’t know if ‘A’ is true or not, but I will tell you it’s true anyway.”
“Fraud” = “I know for certain ‘A’ is not true, but I will tell you it’s true anyway.”
???
BTW, thanks everone! This has been a lot of help!!!
Another factor here, at least in the state is Georgia, is whether you have in writing the dealer’s assertion that there are no service records on this vehicle. Here a car dealer can tell you pretty much whatever they like and, as long as it’s not in writing, you can’t do a thing about it. Nothing. Nada. Rule to live by: if it’s important enough to sway the deal it’s important enough to get in writing.
Ah yes, the age old misrepresentation/fraud difference. Okay, simply put, in both instances, you are being deceived. What the law cares about is the manner in which you are deceived.
With misrepresentation, you honestly believe something about the item is true, when in fact, it is not. With fraud, you still honestly believe something about the item is true, but, you represent the item differently.
To put it another way…
I’m selling a computer. I list the CPU as being 800MHz, when in fact, it is 600MHz. Why did I do this? Because on the CPU housing, 800MHz is branded onto it, but at the core, within the housing, it is really 600MHz. I am unbeknownst to this.
This is misrepresentation. Fraud, on the other hand…
I’m selling a computer. I list the CPU as being 800MHz, when in fact, it is 600MHz. But, the thing is, I know for a fact it is really 600MHz, because I changed the housing myself, but I tell you it runs at 800MHz.
Now, as you can see, proving the fraud can become quite a challange.
Ok, let me see if I have this straight.
You buy the car at 23,900 miles.
I assume you got the oil changed then (they probably put fresh in before you got the car).
You take it it 3000 miles later for an oil change.
They have no record of the 24,000 mile maintenance. Therefore, they assume it wasn’t done and say you need it done.
Although, the biggie for my wife’s 99 was at 30k. Which you can do yourself for around $120, if you so choose.
Unless they indicated to you that the 24,000 mile maintenance had been done prior to the purchase of your car, I’d say you have absolutely no claim here. The scheduled maintenance was not done ahead of time.
I’d go back to the dealer and explain you thought it had been done. They may surprise you. Is it worth any more than that? I doubt it. After all, most likely all you get is aggravation.
I once looked into buying a Saturn from a friend. I asked if they had the records for it & they said no but that they had to get them from Saturn & it would be a few weeks.
Thus, its possible for a dealer to not have the records, yes.