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Legal remedy - small claims court? Posted by Bill Homer [Email]  (#3427) [Profile/Gallery]
(more from Bill Homer) on Sat, 17 Feb 2007 12:00:52
In Reply to: how having a clean carfax HURTS, sonett43, Sat, 17 Feb 2007 09:52:13 Members do not see ads below this line. - Help Keep This Site Online - Signup |
I am not a lawyer, nor do I play one on television. That said, there are several grounds possible to pursue for a claim against Carfax. Note however, that your "damages" in this case may be a paltry $3000, hardly worth getting started in court unless you want to do it yourself (pro se) or wish to make a point. You might also argue that you overpaid for the car when you bought it.
As an example (you would be plaintiff, Carfax would be defendant) of one claim that you might be able to pursue (and there are probaly more):
NEGLIGENT MISREPRESENTATION
The essential elements of a claim of fraud by a negligent misrepresentation are:
1. The defendant must have made a representation as to a past or existing material fact;
2. The representation must have been untrue;
3. Regardless of his or her actual belief the defendant must have made the representation without any reasonable ground for believing it to be true;
4. The representation must have been made with the intent to induce plaintiff to rely upon it;
5. The plaintiff must have been unaware of the falsity of the representation; must have acted in reliance upon the truth of the representation and must have been justified in relying upon the representation;
6. And, finally, as a result of the reliance upon the truth of the representation, the plaintiff must have sustained damage. (Gagne v. Bertran (1954) 43 C.2d 481.)
Carfax (the potential defendant) can argue that they had reasonable ground for believing that the information they provided was true at the time it was published; my guess is that there must be loophole language in their contracts.
Fraud law varies by state, so you may wish to consult a lawyer if you get serious about this.
Sorry to hear about this problem.
posted by 75.34.62...
, Sat, 17 Feb 2007 12:00:52 <-- Viewing This Message
, Sat, 17 Feb 2007 10:53:04
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