Legal Updates

Execution of a used vehicle purchaser of an agreement and not checking the car by itself does not reduce the car seller liability

January 17, 2018
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A person purchased a car from a seller of used vehicles. The sale agreement did not include a proper disclosure form, but the seller contended that it had provided all the information it had and had no information about the period before it purchased the vehicle and in any case the sale agreement states that the purchaser is entitled to take the vehicle for inspection, but the purchaser waived such right.
The Court held that the seller did not have the purchaser sign a disclosure form as required under section 4(a) of the Sale of Used Vehicle Law and in any case by law the seller was to disclose any defect or inferior quality of the vehicle or any other feature that significantly reduces its value. The fact that a purchaser signed an agreement does not constitute a contributory fault because it is a non-dispositive provision of the law, which cannot be conditioned. Because the purchaser did not seek to terminate the sale transaction, the Court ordered only damages.