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Condition or warranty?

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S

shumanto

Guest
What is the name of your state? NY

A friend of mine, Mr Chan, purchased a red second-hand car from A Garage in September 2004. He bought the car because he had recently been promoted to become the general manager of his company. In the sales contract, it was stated that delivery would take place on the first of October 2004 at 10am. The salesperson from A Garage also orally assured Mr Chan that the car had not been in any prior accidents but this was not subsequently put into the contract.
On delivery it was found that there were some minor dents in the car and the tyres were 'bold'. Mr chan took the car to B Garage to repair. The manager of B Garage mentioned to Mr Chan that the car had previously been in a severe accident due to its 'bold' tyres and that its frame was somewhat bent. This surprised and angered my friend. He said if he known that there was a prior acident, he would not have purchsed the car.
Things even gone worse, My friend drove the car on a rainy day to work. The carpeting inside the car was wet because of a leak through the rubber seals in the rear door. He went back to A Garage and wanted to cancel the sales contract and returned the car to them. However, the manager of A Garage said that there was an exemption clause in the contract that there was no condition or warranty that the car was roadworthy or as to its age, condition or fitness for any purpose given by A Garage. The wordings were in very small print at the back of the contract. My friend have no choice but took the car to B Garage to fix the bugs. This cost him $500.

My questions are:
1. Is the time of delivery of the car is a condition or waanty in the contract?
2. Can my friend sur the A Garage on the grounds of misrepresentation? but A garage only orally assured the car had not been involed in accident, is this still valid?
3. can my friend ignore the exemption clause and sue to terminate the contract and claim the $500 costs spent to fix the car?
 



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