Odometer question

[Mr_Natural]

What is the name of your state? NC

My son recently bought a car from a car dealer that sells cars out of his home (small time car dealer). The dealer sign a document stating that the odometer reading was accurate. The odometer only has 5 digits and read 34,580 miles, so he figured it must be 134,580 since it was a '92. He has since run a carfax report on it and has discovered it has been turned over not once but twice and so it really has 234,580.

Does he have any recourse. Do the laws governing the disclosure of odometer readings include disclosing how many times the odometer has rolled over or is that just to insure it hasn't been rolled back.

[JETX]

"Does he have any recourse."
*** Possibly. See below.

"Do the laws governing the disclosure of odometer readings include disclosing how many times the odometer has rolled over or is that just to insure it hasn't been rolled back."
*** How do you suggest the dealer KNOW if the odometer has rolled over once, or many times?? Simply, that is not information that a dealer would know unless he was the one who did it.

However, there may be some protection for him. North Carolina statute on odometer disclosure says:
"§ 20-347. Disclosure requirements.
(a)In connection with the transfer of a motor vehicle,
the transferor shall disclose the mileage to the transferee in
writing on the title or on the document used to reassign the
title. This written disclosure must be signed by the
transferor, including the printed name, and shall contain the following information:
(1) The odometer reading at the time of the transfer (not to include tenths of miles);
(2) The date of the transfer;
(3) The transferor's name and current address;
(3a) The transferee's printed name, signature and current address;
(4) The identity of the vehicle, including its make, model, body type, and vehicle identification number, and the license plate number most recently used on the vehicle; and
(5) Certification by the transferor that to the best of his knowledge the odometer reading
a. Reflects the actual mileage; or
b. Reflects the amount of mileage in excess of the designed mechanical odometer limit; or
c. Does not reflect the actual mileage and should not be relied on."
Source: [url]http://www.ncleg.net/statutes/generalstatutes/html/bysection/chapter_20/gs_20-347.html[/url]

If the mandatory disclosure statement does not show that it was beyond its mechanical capability, the dealer MAY have some problems.

[racer72]

2 points to ponder.

1. Virtually all odometer statements used by dealers have a disclaimer stating that they believe the mileage to be correct. And of course dealer have no way of knowing the true mileage on a vehicle. The form used in my state specifically states that the form is used for determing taxation valuation and cannot be used as a guide to the vehicles actual mileage. What does the disclaimer on the odometer form say?

2. Carfax information is known to be wrong on many counts. A local TV station tested the information supplied by Carfax on 12 vehicles, the info supplied on 6 of the vehicles was wrong. Just as the dealer that sold the car believed the vehicle had only 100,000 miles, the person that supplied the info to Carfax may have believed it had 200,000. Unless I had something from all the previous owners of the vehicle, I would not believe everything that is posted about any vehicle.

Just like the 60s man...don't trust anyone over 30

Or in this case, 200,000

[racer72]

And I would like to add that Carfax claims the info is supplied by state motor vehicle departments but the info supplied to the states is by dealers and citizens selling vehicles. The purchase of any used vehicle should include an inspection by a qualified mechanic and checking with an online source such as Carfax BEFORE the vehicle is purchased.

[mykoleary]

If the mandatory disclosure statement does not show that it was beyond its mechanical capability, the dealer MAY have some problems.

By reporting a 6 digit odometer reading for a 5 digit odometer, the dealer has unequivacably stated that it was beyond it's mechanical ability.

Simple math...