Question
Your office represents Dan Gurnsey Motors, an auto dealership. Brockrecently purchased a used Fiat from Dan Gurnsey Motors. The salesman, Carroll Shillby, told Brock that
Your office represents Dan Gurnsey Motors, an auto dealership. Brockrecently purchased a used Fiat from Dan Gurnsey Motors. The salesman, Carroll Shillby, told Brock that the car had never been in an accident. In fact, Shillby was aware that the car had been in an accident. Before Brock purchased the car, he brought it to his own mechanic, Phil Hills. Hills inspected the car and gave an inspection report to Brock saying that the Fiat looked like it had been in an accident. In spite of having that inspection by the mechanic of his choice, Brock purchased the car from Gurnsey for the original asking price of $30,000.
Two weeks after Brock purchased the Fiat, Brock began having mechanical problems with the car and it became undrivable. Dan Gurnsey Motors received a letter from Brock today saying that he was going to sue for fraud if they did not agree to immediately refund Brock his $30,000 and take the Fiat back.
Your supervising attorney asks you to research the law of fraud in your jurisdiction and draft a persuasive letter to Brock explaining why Dan Gurnsey Motors will not be refunding Brock his money or taking back the Fiat. Be sure to reference any statutes you are using to support your arguments. Provide the correct URL / web address for any online sources you use (consider reviewing law in the Restatement of Torts). Your letter should only discuss the issue of fraud. You should not focus on issues specific to auto dealers.
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