Legal Question in Personal Injury in California
Negligent misrepresentation car sale
I bought a 2006 VW Beetle in July. There are two seatbelts in the backseat so I thought that meant there was room for two people in the backseat. My two children, ages 14, and 16, sit in the backseat every day. On a daily basis, one or the ohter or both of them hits their head on the side of the car, especially when going to look out their window. This is more than an annoyance, and I am worried about what would happen in an accident. I called another VW dealer to inquire about trading the Beetle in for a Jetta and his comment was ''the Beetle's backseat was designed for small children or infants in carseats.'' My teeens were with me on the test drive, and subsequent visits to prior to the purchase of the Beetle. Do I have legal recourse to recover (trade my car in) without any expense on my part?
2 Answers from Attorneys
Re: Negligent misrepresentation car sale
I don't see what kind of recourse you think you should have. If you didn't realize that the back seat was too small for your teens that's your fault and not the dealer's. (This would be true even if they hadn't accompanied you on the test drive.) Maybe your kids have grown since July and no longer can fit where they could before, but that is also not the dealer's fault.
Your car has depreciated quite a bit since you drove it off the lot a few months ago. Your mistake is no reason to make the dealer absorb that loss.
"Negligent representation" requires, among other things, a false statement of fact. You haven't described any statement the dealer made, let alone a false one. You point only to the fact that there were two seatbelts in the back seat, from which you concluded that two people -- regardless of size, apparently -- could fit there comfortably. That's not enough to justify holding the dealer responsible.
Re: Negligent misrepresentation car sale
I assure you that the car complies with the safety laws, or it could not be sold. Your 'complaint' states no different problem than any inexpensive small car.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
