Truck disclosed odometer wrong

[brianokla]

What is the name of your state? Oklahoma
I purchased a 99 model 1 ton truck for about 25k in 2004.
I purchased an extended warranty through Ford based on 57k miles on the truck. In 2006 the transmission failed due to a clogged cooler line for the tranny. I took it in to a dealer and they reported to me that my odometer was wrong and that my warranty was void.

I have since obtained the Ford internal maintenance records which show the truck had 112k miles in 2002. It changed hands a few times in Colorado prior to going to Oklahoma where I bought it.

The original owner of the ford dealership from which I purchased the truck sold the dealership but has started chsing the whomever changed the odometer information. He is trying to get my money back this way. He seems to think he is not liable but based on what I read in OK law he is as long as he did not take reasonable steps to confirm the reported truck mileage. He had access to the Ford internal maintenance history which I did not. Is there any risk to my allowing him to cotinue to hunt for the people who actually committed the crime? I just want to make sure he is not just trying to buy time.

Thanks in advanceWhat is the name of your state?

[JETX]

Originally Posted by brianokla

Is there any risk to my allowing him to cotinue to hunt for the people who actually committed the crime?

Nope. And he is also not liable.... unless you can PROVE that he did the spin-back... or knew of it.

[brianokla]

I read the Oklahoma odometer act and reviewed a case similar to my own. It said that the seller had to make a reasonable effort to confirm the accuracy of the reported mileage. I leaned that he had Ford internal maintenance records which showed the discrepancy. He had all the resources to do so and it would have cost nothing to do it. I had no such access.

The selling dealer seems to be chaasing down those responsible in good faith. I am a bit puzzled by the effort he is putting into the work, as he is having to chase people in Colorado, if it is something for which he has no liability. If there is no danger in continuing in this course then I am happy to work with him to find and proseccute those responsible.

Thanks for the information

[JETX]

Originally Posted by brianokla

I read the Oklahoma odometer act and reviewed a case similar to my own. It said that the seller had to make a reasonable effort to confirm the accuracy of the reported mileage.

Hmm... interesting... since there is no such thing as the "Oklahoma Odometer Act"!!
Oklahoma, like most states, relies on the FEDERAL Odometer Act (49 U.S.C. § 32705).

There is an Oklahoma "Odometer Setting Act" (§47-12-501 through 507), but it doesn't have ANY requirement that the seller verify or validate mileage that is given to them.

For your situation, the following applies:
§47 12 505. Transfer of ownership of motor vehicle
Information required.
A. Any transferor shall give the following written information to the transferee prior to the transfer of ownership of a motor vehicle:
1. The odometer reading at the time of transfer;
2. The date of transfer;
3. The name and current address of the transferor; and
4. The identity of the vehicle, including the make, model, year, body type and vehicle identification number.

B. In the disclosure required under this section, the transferor shall also certify that to the best of his knowledge:
1. the odometer reading reflects the actual mileage; or
2. the odometer reading does not reflect actual mileage; or
3. the mileage is in excess of the mechanical limits of the odometer.
The provisions of this section shall not apply to a transferor whenever transfer of ownership of a motor vehicle shall pass by bequest, descent, devise, gift or other means wherein there is no exchange of monetary or equivalent compensation.
[url]http://www.lsb.state.ok.us/OKStatutes/CompleteTitles/os47.rtf[/url]