Ohio  |  Consumer Law

Legal Question

Asked on: 2/17/13, 2:34 pm

I purchased a car from a tow truck operator 100 miles away. There was no availability of a mechanic at 5 pm on FRI. I trusted him, paid $4000 & test drove it on my way back home. Our verbal agreement was that we could do the exchange [money<--> car], if the car was in the same condition when I got it from him. I sent him THAT NIGHT an SMS that "per our verbal agreement if the car did not meet mechanic's test, I would like the exchange of money vs car". (He did not object & wrote "Yeah, take it"). I told him the next day that the mechanic test showed multiple repairs ($1500 - $2000), and he quickly backed down, saying "You drove it 100 miles! Who knows what you did". The car belonged to his GF, he was the "agent".

Can I sue him and/or GF for breach of contract and fraud. Can I win?

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