Henry v. R. K. Chevrolet, Inc.

The narrow issue here is whether an oral misrepresentation of the model of a motor vehicle by a seller to a buyer constitutes a violation of Virginia Code § 18.2-216, and thereby gives rise to a cause of action for damages under Code § 59.1-68.3.

Robert Christopher Henry filed his motion for judgment in the lower court alleging that he purchased two Chevrolet vans from R. K. Chevrolet, Inc., relying upon an oral representation made by the corporation’s salesman that the vehicles were 1972 models. The vans were in fact 1971 models, and Henry seeks to recover damages plus costs and attorney’s…