Chicago Business Litigation Lawyer Blog
In order to win a consumer fraud case about a rebuilt wrecked automobile or vehicle, it would be necessary to demonstrate several key points.
1. The seller misrepresented or concealed the actual condition of the vehicle, such as by failing to disclose that the vehicle was a rebuilt wreck or had sustained significant collision damage, or by falsely advertising the vehicle’s condition or mileage. This could include selling a vehicle with a defective paint job as new, or failing to disclose known safety issues, such as the vehicle’s tendency to accelerate unintentionally.
2. The defendant knew about the actual condition of the vehicle but failed to disclose it in the case of an omission of material fact claim. This could be demonstrated by showing that the seller was more involved in the purchase and sale of vehicles than a private party involved in an isolated transaction, or that a cursory inspection by someone experienced in the automobile business would have revealed the damage. In the case of inaccurate or false statements, knowledge of the falsity of the statement is not required as innocent misstatements can state a claim for consumer fraud.