Falsified Title

[First used car]

What is the name of your state? North Carolina
I bought a 97 Mercedes on June 8th, 2005. The seller informed me the car was in great condition mechanically except the 'check engine" light come on occassionally, but it was not an issue. (He st/ it was b/c the way Merecedes put some wires to close together).
He signed the title over (in front of a notary) st/ the mileage on the car was correct. After I got the car home, I found paperwork in the trunk st/ there was a mileage discrepency of 4,000+ miles. I have also spent $1,400.00+ on the car since June 8th.
I found a fax the seller left in the trunk of the car where he faxed info to another potential buyer. I am currently trying to contact that individual to see what information he was given regarding the car.
What, if anything, can I do?
Thank you,
Nikki

[racer72]

If you bought the car as is, you have no claims. Google "caveat emptor".

[teflon_jones]

racer, sorry, but for once I have to disagree with you!

North Carolina, like most (all?) states, requires sellers to sign the odometer disclosure statement on the back of the title certifying that the odometer reading is the actual mileage to the best of their knowledge. The presence of documentation in the car attesting to additional mileage above what was stated on the title constitutes evidence that is probably sufficient to invalidate this sale in NC.

You should contact the DMV to ask them what they recommend you do. Most likely, you'll have to sue the seller in court to have the car returned to them and get your $1400 back.

[racer72]

Originally Posted by teflon_jones

odometer reading is the actual mileage to the best of their knowledge.

Right there is the seller's out. And what is this paperwork that states a different mileage? I am going to speculate that it is a receipt of some sort and unless the buyer can find the person that filled out the receipt and will swear in court that the mileage is correct on the receipt at the time it was filled out, the buyer won't have much of a case.

[teflon_jones]

Originally Posted by racer72

Right there is the seller's out. And what is this paperwork that states a different mileage? I am going to speculate that it is a receipt of some sort and unless the buyer can find the person that filled out the receipt and will swear in court that the mileage is correct on the receipt at the time it was filled out, the buyer won't have much of a case.

You're right, it really depends on what the document is. Hopefully it's a service record from a dealer or something similar, and it was issued to the person the poster bought the car from. If it's from a previous owner, the OP can still cite the presence of the document in the car as evidence that the seller knew the mileage was inaccurate. Whether it's enough evidence or not depends on a lot of things, including what kind of mood the judge overseeing the case is in that day, the attitude of the seller in court, and a whole lot more things!