Can I do anything about a Fraudulent Odometer?

[kramer10]

I am in Ohio and I purchased a used vehicle from a private seller who failed to tell me that the odometer doesn't even work. He also claimed the vehicle has 73,000 miles which also reads on the odometer. A copy of previous owners registration (who was NOT the seller and is NOT the signature that was already notorized on the title) states that it has 143,610 miles in August 2009. After doing a carfax I confirmed 143,610 mile in 2005! I have signed the back of the title and the price paid but I have not submitted this to actually register in my name as of yet. He has agreed to give me my money back but keeps giving me the run around, am I able to take him to court? What can I do?

[Unregistered]

re: Can I do anything about a Fraudulent Odometer?

I am in Ohio and I purchased a used vehicle from a private seller who failed to tell me that the odometer doesn't even work.
Reply:
1. How long did the guy you bought it from own the vehicle?
2. Did you drive it before purchase?, if so, you would think you might look at the gauges? Usually private used car sales are sold as is. Whereas a used car lot is required to put those "as is disclaimers stickers on their used vehicles". But the car seller has a duty to inform the buyer of whatever is wrong/defects the vehicle has.

He also claimed the vehicle has 73,000 miles which also reads on the odometer. A copy of previous owners registration (who was NOT the seller and is NOT the signature that was already notorized on the title) states that it has 143,610 miles in August 2009.
Reply:
3. When did you find out the discrepancy in the mileage?
4. On what date did you buy it?
Correct me if I am reading your paragraph correctly: You are saying you bought the vehicle from this guy who claimed it had 73,000 miles on it, but you have a Carfax that confirms that the vehicle had 143,610 miles on it in 2005, and that you have a copy of the previous owners registration from August 2009, that shows the same 143,610 miles on it, meaning the vehicle was not driven for 4 years? Or the previous owner drove it for 4 years with a broken speedometer cable? And then sold it to the guy you bought it from. What a B.S. story! Probably has at least 173,000 on it. Based on your paperwork it sounds more like 273,000.

After doing a carfax I confirmed 143,610 mile in 2005!
Reply:
Have you seen the TV commercial by Carfax, where the car salesman keeps trying to blow smoke up the guys ___, and the buyer keeps telling the car sales guy..."Just show me the Carfax?" Speaks for itself aye? Should have done the Carfax before you bought it, or asked the seller to "Just show me the Carfax"?

I have signed the back of the title and the price paid but I have not submitted this to actually register in my name as of yet. He has agreed to give me my money back but keeps giving me the run around, am I able to take him to court? What can I do?

Reply:
Just like he B.S. you into buying, he will B.S. you with more promises. Send him a certified letter R.R.R., "showing him a copy of your Carfax " and the alleged mileage discrepancy, the sham misrepresentations he made, be to the point and don't get nasty as you will have to show this to the Judge/Court if he doesn't pay back the money he scammed you for, which I doubt he will. And if he doesn't respond by the time the certified letter is returned to you,usually 2 weeks, then you will file a Small Claims [S.C.] case for fraud, fraudulent misrepresentation and for whatever the vehicle is worth.
5. Is the amount of the vehicle within the Ohio S.C. limit?
6. If you file a S.C. action you probably should ask for an be awarded punitive damages or 3 times the amount paid for the vehicle, plus court costs. In some states statutes provide criminal penalties for such odometer fraud.
7. Did you buy this vehicle in person, inspect it, test drive it? Or did you buy it online?

[Unregistered]

re: Can I do anything about a Fraudulent Odometer?

Reply:
Just like he B.S. you into buying, he will B.S. you with more promises. Send him a certified letter R.R.R., "showing him a copy of your Carfax " and the alleged mileage discrepancy, the sham misrepresentations he made, be to the point and don't get nasty as you will have to show this to the Judge/Court if he doesn't pay back the money he scammed you for, which I doubt he will. And if he doesn't respond by the time the certified letter is returned to you,usually 2 weeks, then you will file a Small Claims [S.C.] case for fraud, fraudulent misrepresentation and for whatever the vehicle is worth.
5. Is the amount of the vehicle within the Ohio S.C. limit?
6. If you file a S.C. action you probably should ask for an be awarded punitive damages or 3 times the amount paid for the vehicle, plus court costs. In some states statutes provide criminal penalties for such odometer fraud.
7. Did you buy this vehicle in person, inspect it, test drive it? Or did you buy it online?

That will be ummm?....$60 for answer/reply.

[aflellemap]

re: Can I do anything about a Fraudulent Odometer?

This is a won case already. You can definitely drag him to court, and you have the carfax report with you, and then you can also get a certificate from any good place that the odometer is damaged. So just file your case. But you should be cautious about a few points that may go in the agent's favor. I would suggest you to read some good articles on Ohio law for a better preparation about the case. I can suggest you this site, if you want to have a look to, ohio chapter 11 bankruptcy.

[dodgesc01]

Re: Can I do anything about a Fraudulent Odometer?

I bought my car 3 years ago in Hartford WI. When I registered it this year I was informed that when I bought it, the odometer was at 201,000 miles instead of the 92,000 on the title. I bought it from a small used car dealership. He had bought it from an auction and had no idea the miles were rolled back. The Sanchez brothers, who rolled back the mileage, are still in court being charged with 146 accounts of odometer fraud. I was wondering, if any, options to pursue?

[johnareval0]

Re: Can I do anything about a Fraudulent Odometer?

Gonna play the devil's advocate here: Did you run a VIN check with other car report providers just to make sure that there really is an odometer rollback? Sometimes, the car report provider might commit a mistake.

[adjusterjack]

Re: Can I do anything about a Fraudulent Odometer?

Gonna play the devil's advocate here: Did you run a VIN check with other car report providers just to make sure that there really is an odometer rollback? Sometimes, the car report provider might commit a mistake.

This is a 5 year old thread, fool.