Legal Question in Consumer Law in Virginia

Product misrepresentation

Ford Dealer verbally promised to fixed observed defects in used truck. After the purchase transaction was completed the sales manager asserted that the defective items were not recorded in the records of purchase. I alleged ethical misconduct and misrepresentation based on the dealer's implied consent to repair the items before the purchase. After the deal went through the manager promptly denied the existence of the previous verbal agreement and alleged the items are not covered by Ford products. Also I observed during the conveyance of purchase they made no mention of any connection of the write-up and claims for defective items observed during the initial vehicle walkaround. The same salesman is denying that these items were brought to his attention. Do I have a case in small claims court if I must purchase the parts and pay for the labor to install them?


Asked on 7/06/06, 11:16 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Product misrepresentation

Sure, you "have a case" for small claims court.

However, whether you will be able to prove the dealer's breach of an alleged oral supplement to your written purchase contract will be quite another matter.

As of July 1, 2006, the jurisdictional limit for Virginia small claims court actions was increased from $2000 to $5000.

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Answered on 7/06/06, 11:29 pm


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