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Thread: Trading in a vehicle with an incorrect mileage on the title.

  1. #1
    Gjsmith is offline Junior Member
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    Trading in a vehicle with an incorrect mileage on the title.

    What is the name of your state (only U.S. law)? Colorado

    I took my car and the title to a local dealership and traded it in. The title to my car read 100,000 (Actual) miles on it. My cars odometer read 50,000 miles on it. I signed the Power of Attorney (which had the odometer disclosure on it), stating that the mileage of my car had 50,000 (Actual) miles. The descrepency between the title and car's milage happened because when I completed the title work for my car, I didnt have it with me, so I just guessed the mileage.. Well, a few months after trading in the vehicle for the value of 50,000 miles, the dealership gave me a phone call. They said I needed to come and sign a new Power of Attorney stating that at the time of the trade in, the mileage of the vehicle was NOT 50,000.

    I refused to sign it, because it would be untrue. The actual mileage of my vehicle, according to the odometer on the vehicle, was 50,000 miles at the time of the trade in. I have plenty of service records, from before and after I completed the title work proving that the mileage of the vehicle never reached above 50,000 miles.

    So now, I just got a phone call from the attorney representing the car dealership, saying that he's representing them to handle this issue. From what the car dealership has told me, they need me to sign this new Power of Attorney so that they can complete the title work for the new owners. What do I do? Can I be held accountable for fraud, or any other federal crime for this? Shouldn't the dealership have not bought my vehicle if they were going to have trouble completing a title for new owners?
  2. #2
    Gjsmith is offline Junior Member
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    Also, here is a copy of the letter that we received from the dealership. I censored out some of the more sensitive information.

    Mr Smith,

    The original Power of Attorney (POA) which you signed, stated the odometer had 50,000 miles and that the miles were 'Actual'.

    The title we received from you stated that the vehicle had 100,007 'Actual' miles when she applied for title. You had signed documents stating the 100,007 miles were correct. As such, the miles on the title take precedence.

    The State of Colorado requires that a new Power of Attorney be signed by you stating that the miles of 50,000 is 'Not the actual mileage'.

    I cannot process the title work to our customer who purchased the car until you sign a Power of Attorney stating that the miles are 'Not Actual'.

    I am asking for your cooperation in this matter. I can assure you there will be no monetary or legal action take by us if you sign the Power of Attorney as 'Not Actual Miles'. We know it was a simple mistake when you applied for the title.

    I am requesting that you comes in to our office by next week and sign the POA.



    Any thoughts on this? Anything will help! Thank you.
  3. #3
    FlyingRon is offline Senior Member
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    What do you mean that "Not actual milage" isn't true. It would appear to you that it is indeed true. What's the issue?
  4. #4
    xylene is offline Senior Member
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    I don't understand why you are unwilling to correct your mistake.
  5. #5
    Gjsmith is offline Junior Member
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    What do you mean that "Not actual milage" isn't true. It would appear to you that it is indeed true. What's the issue?
    Because, isnt the POA referring to the odometer reading on the car, not the title? So if I were to sign a new POA stating 50,000 "not actual mileage", I would be signing something that was different from what the cars odometer reading says.

    I don't understand why you are unwilling to correct your mistake.
    If I were to sign the new POA stating "not actual mileage", wouldn't the value of my trade in be worth lower? Couldn they take me to court over that, and get more money out of me?
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by Gjsmith View Post
    Because, isnt the POA referring to the odometer reading on the car, not the title? So if I were to sign a new POA stating 50,000 "not actual mileage", I would be signing something that was different from what the cars odometer reading says.



    If I were to sign the new POA stating "not actual mileage", wouldn't the value of my trade in be worth lower? Couldn they take me to court over that, and get more money out of me?
    So, it was ok to misrepresent the mileage before, but not now?
  7. #7
    Gjsmith is offline Junior Member
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    [QUOTESo, it was ok to misrepresent the mileage before, but not now? ][/QUOTE]

    If I could go back, and correct the mileage on the title, I would be more than happy to. But they have already sold the car, and I can no longer change it. But by signing this new POA, arent I misrepresenting the mileage, and digging myself an even deeper hole?
  8. #8
    OHRoadwarrior is offline Senior Member
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    Regardless of how it plays out, in the world of vehicle history reports, you tainted the value of the car, by misrepresenting the mileage. Your state law will dictate whether you face further liability regardless of how you proceed.
    xylene likes this.
  9. #9
    Proseguru is offline Member
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    I don't believe anything the OP says ..... nobody would mistake a 50K mileage for 100K. Hugh difference.

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