Consumer Protection – Intentional misrepresentation – rescission

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Wisconsin Court of Appeals

Civil

Consumer Protection – Intentional misrepresentation – rescission

Rescission is a remedy for intentional misrepresentation.

“We conclude, for the reasons set forth below, that WIS. STAT. § 100.18 permits plaintiffs, in some instances, to recover a refund of the purchase price. However, the plain language of the statute, which permits recovery only for ‘pecuniary loss,’ does not permit rescission as a remedy. Plaintiffs can, however, receive rescission as a remedy for intentional misrepresentation when the misrepresentation is ‘material.’ We also conclude that the trial court erroneously exercised its discretion when it prohibited Mueller from testifying as to the value of the car to her. Because it is up to a jury to determine whether Mueller’s evidence was sufficient to demonstrate a ‘pecuniary loss’ or a ‘material misrepresentation,’ we reverse and remand for further proceedings.”

Reversed and Remanded.

Recommended for publication in the official reports.

2014AP351 Mueller v. Harry Kaufman Motorcars, Inc.

Dist. I, Milwaukee County, Sankovitz, J., Brennan, J.

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