Odometer Fraud

[pipeliner1]

What is the name of your state?Illinios


I bought a used car from a gentleman. The man stated the car had 52000 original miles. I have this in writing. Come to find out the car was titled in 1995 with 58000 miles. He told me that it had white face guage overlays. It dosnt, the original gauge cluster has been changed out. When I asked him about it he said the guy he bought it from did it and he didnt know. I presented him with a offer to return the car for the money paid and I would pay him the cost of the miles at 38 cents a mile. He agreed.

This was all in emails so I have everything documented. Now he wont answer emails or return phone calls. Do I have any recorse in this matter or am I sol?

Btw it was a 1985 Mustang Gt with that I paid 4000 for. If it actually had 52000 miles it would be worth it but it dosnt

Thanks for the help ahead of time

[You Are Guilty]

Problem #1: What 85 Stang is worth $4000, even with 52k on it? That's a good 2x what even a loaded GT Vert would run. Is it an SVO?

Problem #2: His agreement to have you return the car may not hold up in court as a "contract". If it does not, you're stuck without any other recourse.

Problem #3: To have any chance at all, you'd have to prove that he knew (or should have known) about the false odo reading - a very, very difficult task, and one you will almost certainly not be able to do.

Problem #4: It also sounds like you didn't run a Carfax or have a mechanic check it out before you bought the car. Read up on "caveat emptor".

Problem #5: The gauge overlays is a non-issue. There was no reason why you could not see that by yourself prior to purchase. See, "caveat emptor" again.

[pipeliner1]

1:Since it is now collector car status there are plenty going for that.

2:If its in email form, how is it not a contract or a written agreeent singed by him please explain.

3: (or should have known) He told me he has the original gauge cluster with the original odometer, and he never transferred the title to his name. Would that be more along the lines of should of know?

4:Correct i plead stupity on that one. He put it in writing ,the mileage and condition of car is he not bound to what he states that condition is?

5:If the gauge overlay is done correctly it should look like no one ever touched it

[You Are Guilty]

Originally Posted by pipeliner1

1:Since it is now collector car status there are plenty going for that.

2:If its in email form, how is it not a contract or a written agreeent singed by him please explain.

3: (or should have known) He told me he has the original gauge cluster with the original odometer, and he never transferred the title to his name. Would that be more along the lines of should of know?

4:Correct i plead stupity on that one. He put it in writing ,the mileage and condition of car is he not bound to what he states that condition is?

5:If the gauge overlay is done correctly it should look like no one ever touched it

1. 85 GTs are "collector" cars now? I guess I missed the memo on that one. Ferrari better start watching its back!

2. A "contract" has to have certain things in it to make it a legal contract. Unfortunately, it takes a year's worth of classes in law school to go over them, so a rundown here isn't possible. Suffice it to say that just because something is in an email doesn't make it legally binding.

3. It could be, the tough part would be convincing the judge it is.

4. When you have an opportunity to discovery for yourself (as you did here) whether his claims are true, there's little recourse for your failure to do so. On the other hand, if he materially misrepresented something not readily apparant (i.e. has brand new transmission) and you came to find out it was a junkyard special full of oatmeal, then you might have a shot with a fraud suit. Might.

5. If you are going from blackface gauges to whiteface, I don't care if Jesus himself did the work, you should be able to notice the change when you look at them.