Jimbo makes an offer to sell his motorcycle to Chip. The bike has 420,000 miles on it,
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Question:
Jimbo makes an offer to sell his motorcycle to Chip. The bike has 420,000 miles on it, but beforeChipcan take a look at the bike,Jimbois able to turn the odometer back and make it look like the bike only has 92,500 miles on it.Chipis amazed by the low mileage on the motorcycle, and he readily agrees to buy it.
Two months later,Chipfinds out from Reagan, a mutual friend, that Jimbo messed with the odometer and that the motorcycle actually has 327,500 more miles on it thanChipthought.
CanChipdoes anything about this?
- 1.No. He won't be able to does anything because Jimbo himself never actually made any statements about the mileage.
- 2.Yes. He can probably rescind the contract for fraudulent misrepresentation, but only if he can show that he expressly asked Jimbo if the mileage had been changed on the odometer and Jimbo either said no or didn't answer the question.
- 3.Yes. He will probably be able to rescind the contract due to Jimbo's fraud. Changing the odometer is making a false statement about the mileage of the car.
- 4.No, because he can't show any damage or harm from the fraud.
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