kellen is selling a vehicle which has been previously been in an accident and which shows obvious damage. if he does not tell the buyer about the accident, has he committed fraudulent misrepresentation? yes, even though the damage is obvious. no, if the buyer does not ask about the vehicle history. no, because it would be inappropriate and not justifiable for a buyer to rely on any of his representations. yes, because the vehicle history is a material fact.

Kellen is selling a vehicle previously involved in an accident and shows obvious damage. If he does not tell the buyer about the accident, he has committed fraudulent misrepresentation because the vehicle history is a material fact.

While buying a vehicle from a private seller, it is crucial to investigate the vehicle properly as the warranties and safeties provided by the manufacturers or dealers are not present here. Most of the time, in a situation, it is not easy to go back to a private seller after the purchase of the vehicle. Still, there are ways in which the private seller can be held legally responsible for any mishaps.

For instance, if a private seller has fulfilled all the document requirements but does not informs about a safety defect in the vehicle, he/she is committing fraud here. If the safety defect results in injury, the private seller will be held responsible for the accident. It is mandatory to tell the vehicle history as it is a material fact.

Another way a private seller can be held liable is a misrepresentation of vehicle history by negligence. If the private seller is unable to inform about the vehicle history and defect by negligence, the vehicle could meet with an accident due to that defect. This is also equal to committing fraud, even if it is negligence.

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