Question

Jill is trying to sell her car so she places a “For Sale” sign on her car. She bought this car new four years ago. The sign states that the car is “For Sale” and it also provides a contact phone number. While driving in the Citrus College parking lot, Jack sees Jill’s car and writes down her telephone number. He calls up Jill and says, “Hey Jill, I’m calling for more information about the car for sale. Jill responds, “Well Jack, let me tell you a little bit about the car, first. It’s a 2003 Toyota Camry, 20,000 miles, I want $12,000 cash or check, and it’s a great car.” Jack responds, “Wow that sounds like a great deal, I’ll take it!” Jill says, “Okay meet me at the Citrus College parking lot tomorrow at 12:00pm and we can make the exchange.” Jack says, Okay. The next day, both Jill and Jack show up at the Citrus College parking lot and the Jill gives Jack the car and Jack gives Jill the money. Jack takes the car to his mechanic who tells Jack that the car actually has been driven at least 50,000 miles and the miles were manipulated. Before selling the car to Jack, Jill intentionally adjusted the miles. IRAC

Answer 1

Issue: Jill had manipulated the miles of the car and had misled Jack. The actual miles run of the car was more than 50000 miles while Jill had claimed that it had run for 20000 miles. This is a case of misrepresentation.

Rule: If the seller has falsely misrepresented facts to the buyer and a contract is formed between them, then the buyer has full rights to sue the seller and ask for monetary damages for the false claim

Analysis: Clearly Jill had falsely represented the facts and made the contract with Jack. Jack has full rights to sue Jill under a case of fraudulent misrepresentation. Jack can ask for monetary damages from Jill.

Conclusion: The court will decide in favor of Jack. Jill will be required to pay for the damages, which Jack had accounted to, because of the false representation.