is this odometer fraud

[dpz04]

What is the name of your state (only U.S. law)? I live in VA and I recently purchased a new 2008 acura tsx and when I purchased and negotiated the purchase price of the car I was buying a car with 182 miles on the new car. I don't drive much at all but about two weeks later I finally need to get some gas, after getting the gas I started playing with the stuff that the salesperson didn't explain. I wanted to see what my mpg was and I come to find out the car they sold me actually had 2100 miles on it not the 182 that I was told by the sales person and sales manager. On all of the paper work I signed the mileage is stated as being 182 not 2100. I fighting with the dealership right now. I'm just trying to figure out if this qualifies as Odometer Fraud and if I can sue them. Confused Buyer

[ShyCat]

Explain how you discovered that the mileage was actually 2100, not 182. Did you find a setting that changed the display from "trip odometer" (displaying 182) to "actual odometer" (displaying 2100)?

[dpz04]

Yeah when I was at the gas station I was playing with it i wanted to set my trip and thats when I discovered that I was already looking at my trip and the actual mileage was 2100 not the stated 182

[You Are Guilty]

What mileage is listed on the sale contract?

With that kind of mileage, sounds like you got the 'demo' car (which, if true, means that while it may still technically be "new" if it was never registered, it is still worth less than a car that has ~1900 less miles).

While I doubt you'll get a lawyer interested in this, you ought to do well in Small Claims. (The main question is for you to determine how much the ~1900 mile difference is worth).

PS: I doubt this constitutes "fraud" - that requires an actual intent to deceive. Merely not knowing how to differentiate between a trip odometer and the actual odometer isn't a criminal act.

[VeronicaLodge]

Originally Posted by You Are Guilty

What mileage is listed on the sale contract?

With that kind of mileage, sounds like you got the 'demo' car (which, if true, means that while it may still technically be "new" if it was never registered, it is still worth less than a car that has ~1900 less miles).

While I doubt you'll get a lawyer interested in this, you ought to do well in Small Claims. (The main question is for you to determine how much the ~1900 mile difference is worth).

PS: I doubt this constitutes "fraud" - that requires an actual intent to deceive. Merely not knowing how to differentiate between a trip odometer and the actual odometer isn't a criminal act.

yeah but the dealer should know how to tell the difference and if they put 182 on the sales contract and more importantly the title then they might be committing fraud,

[You Are Guilty]

Originally Posted by VeronicaLodge

yeah but the dealer should know how to tell the difference and if they put 182 on the sales contract and more importantly the title then they might be committing fraud,

"Knew or should have known" is the negligence standard. Unless you can prove the dealer deliberately tried to pass off the trip odo as the real odo, then there's no fraud claim. (And good luck proving knowledge/intent!)

Still, if the K shows 182 miles and the car doesn't have 182 miles, then, pardon the pun, the OP is in the driver's seat.

[dpz04]

on my sales contract the mileage is stated as being 182, it got registered with 182 at the DMV and since I said something to the General Manager about they just keep saying to that they have lawyers that will deal with me. The sales person and the Sales Manager wanted to resolve this as quickly as possible.

[VeronicaLodge]

im curious as to what it says on the title because doesnt the signature line on the title read like an affidavit, that you are swearing the accuracy of the odometer reading? and wouldnt someone think a dealership would be held to higher duty of knowing how to read an odometer and sign a title?