How to handle rolled back odometer?

Messages
7,986
Location
MI
One of my employees purchased a used car this summer with 59,000 miles on it. The transmission has gone bad and needs a rebuild or replacement. Out of curiosity, he checked this car on Car Fax today and it showed that it had 92,000 miles on it 2 years ago, then went to 59K when he bought it (Car Fax flagged this, with no explanation). He's checking with our DMV now, maybe a title check to verify Car Fax. What else can he do? How can he prove the used car dealer mis-represented this car. The new title shows 59K. He's a college student and can't afford a lawyer. Thanks for any help.
 
Messages
47,771
Location
Everson WA - Pacific NW USA
Pipe bomb? Anthrax? Molotov cocktail? Don Genovese? I'd be ******* blood!! I thought carfax had some guarantee? But did you run the Carfax AFTER he bought the car? I think you have enough evidence to threaten and then sue.
 
Messages
47,771
Location
Everson WA - Pacific NW USA
quote:
It could have been 9200 miles.
I didn't think of that. Possible - but maybe he can now sue for undue stress. wnw - have you been hanging out in "General" again? It gets kinda racy over there.
 
Messages
22,188
Location
Colorado Springs
He bought the car as is. He's screwed most likely. Especially with Carfax; they only offer a garuntee if you get the report before you buy it and it shows the car is 100% free from "circumstances". He'd probably have to sue the dealer and prove the car was misrepresented but they'll show you the buyers signature on the document stating the cars is sold "as is" with no garuntees or warrenties, implied or explicitly stated etc.
 

doitmyself

Thread starter
Messages
7,986
Location
MI
Thanks Drew99GT, I found this web site: http://www.lehtoslaw.com/bargainedfor.html that says in cases of active misrepresentation or fraud, the dealer cannot hide behind the "as is" clause. Interesting reading. The challenge is to prove fraud by the seller. And...he bought this car 2 months ago. He did the Car Fax inquiry AFTER the tranny exploded, on a hunch.
 

KW

Messages
1,686
Location
Central Arkansas
Carfax said I put 165,000 miles on my car in six months. This would be between the time I registered it in Florida and the again in Arkansas when I moved. Carfax is a joke. BTW I put maybe 60K on it in the past 4 years.
 

doitmyself

Thread starter
Messages
7,986
Location
MI
quote:
I wish I have a boss that cares THIS MUCH!
It's really this simple. I have a unique management style: I park my ego on the back burner, show some character and integrity, and I treat others with respect. Just like I want to be treated.
 
Messages
1,251
Location
Akron, OH
Did he buy this locally? I'd suggest calling the dealer and asking for a redund of the difference between the retail price of that car as sold and the retail price of that car with its true mileage. Will it work? Probably not, but you're giving the dealer a chance to do the right thing. If that does't work, mention that you may be inclined to take the matter up with the District Attorney / state Attorney General and the local radio stations / TV stations / newspaper. I would also mention the idea of taking the issue to your local district attorney, however you should remember that threatening someone with criminal prosecution if they don't give you money is blackmail, and thus an action YOU wish to avoid. You're only talking about the idea of taking your situation to the authorities for FINANCIAL RESTITUTION. There's also small claims as a last resort. If you want to stretch things, you could try to claim the value of the transmission in your small claim as opposed to just the mileage-based depreciation, maybe discounted by the number of advertised miles.
 
Messages
1,904
Location
Bay Area, CA
Don't always assume the worst. First thing is to call the dealer and tell him what you know. When he asks what you want, be ready with an answer and be reasonable. In this case tell him that he should pay the cost to replace the transmission. You never know what someone will do unless you ask. Where I live you need to attest to the mileage of the vehicle when you sell it. It is fraud to lie. When the dealer bought the car someone should have stated what the mileage is. Then you would know if the dealer rolled back the odo.
 
Messages
36,428
Location
ME
I know someone who put a 15-year old cadillac back on the road with 027000 original miles. The state inspection station typed 127000 into the computer just because they assumed. You know what they say about the system. [Frown]
 
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