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9-3. Bentley Swift Auto Sales (BSAS), a privately owned auto dealer, offered to sell Destinee a car for $35,000. Bentley, the owner of the auto dealership, told Destinee that the car was in good condition and had been driven only 10,000 miles and had never been in an accident. In fact, Bentley never actually checked with the previous owner of the car to verify that the mileage had not been changed or looked at the service record to determine if the car had been in any accidents. Bentley simply made whatever representations he felt were necessary to get the car sold. Destinee hired Javier, a mechanic, to appraise the condition of the car. Javier reported that the car probably had at least 20,000 miles on it and probably had been in several accidents. He stated further that, in his estimation, the car true value is roughly $20,000. In spite of this information, Destinee still thought, after further talk with Bentley, the car would be a good buy for the price, so she purchased it. Later, when the car developed numerous mechanical problems, Destinee brought a legal action against BSAS on the basis of Bentley’s alleged fraudulent misrepresentation of the auto’s condition.
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