Sean sees a newspaper advertisement offering a 1985 classic muscle car with 5,000 miles on it for only $5,0 Since this is well below the value of the car, Sean calls and goes to look at the car. The car is in beautiful shape. Sean asks about the mileage and is told that the car was only driven on Sundays and it truly has only 5,000 miles. Sean buys the car. Assume that the 5,000 miles are truly accurate but they were all drag racing miles a quarter mile at a time. This puts extreme pressure and extended wear on the engine so the original miles are truly irrelevant.
This extreme wear and tear equate to over 100,000 miles of normal driving.
The seller has committed an active fraud.
The seller has committed a passive fraud.
The seller has committed a misrepresentation.
There is no fraud or misrepresentation because Sean was negligent for not asking about the way the 5,000 miles were accumulated.