What are the Remedies for Breach of Warranty of Title in a Car Sale?
The answer will depend on all the facts involved. For example, there may be a fraud claim. Fraud involves a knowingly made misrespresentation that is intended to cause another to rely and act on it to their harm. In order to prove a fraud claim, it must be shown that the defendant had an intent to deceive. If deception was used to induce another to rely on a promise and such reliance caused harm, it is possible to recover damages. Fraud may be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading. It may be possible to rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, and other fault-based grounds. Material breach is a contract law term which refers to a failure of performance under the contract which is significant enough to give the aggrieved party the right to sue for breach of contract.
The buyer may also have a breach of warranty claim based on warranty of title. Every contract implies a warranty by the seller that the title is good. If a car dealer was involved, a deceptive trade practice claim may be made. The co-owner of the car may make a claim for the value of their interest in the car, unless the car was of such a unique nature that money won't be able to replace the vehicle, in which case the co-owner may seek its return.