Legal Question in Business Law in California

Statute of Limitations for Misrepresentation

On May 25, 2001, I purchased a used vehicle from a private party. The private party provided me with documentation for a ''complete used vehicle inspection'' from a local dealership that showed that the car seemed to be in good condition and the dealership inspection stated that there were ''no problems found with vehicle''. On the basis of this inspection, I purchased the vehicle believing that it was in good condition and did not have any problems. Within 30 days to 3 months after purchase, I had spent $2,000 in repairs on the vehicle. I also recently discovered through the purchase of an engine repair manual that the engine compression numbers that were written on the 2001 dealership inspection representing ''no problems found with vehicle'' were not within factory specifications, indicating an engine compression problem that had gone overlooked at the time of the inspection. The cost to repair this problem is approximately $1,500. My question is this, can the statute of limitations to bring a claim against the seller run from the date I discovered (through the purchase of the vehicle repair manual) that an engine compression problem had gone overlooked at the time of the inspection? What code is the statute for date of dicsovery?


Asked on 2/24/05, 11:50 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Statute of Limitations for Misrepresentation

Code of Civil Procedure section 338(d) probably covers your situation -- three years from discovery of the facts constituting the fraud.

The dealer may argue that the data contained in the manual was always available to you, therefore you didn't discover any concealed information by purchasing and reading the manual. I don't know whether a court would buy this argument or not.

Also, I'm not sure how much of the dollar amounts you mention would be recoverable as damages, as not all your outlays are necessarily a result of the asserted fraud.

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Answered on 2/26/05, 1:32 pm


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