Need Advice on what to do asap

[buster84]

What is the name of your state? California.

I have bought many used cars from and have been lucky to get good running cars. Well this last time i got screwed big time. First off, The guys ad, said the car has 99k miles on it, the odometer said 99k miles. The title said 134k and i asked him why it said this on the the title he said that dmv made a mistake and added the 1 to it but it was fixed on the vin (wish i checked vin before buying car) I put to much trust into believing him and the car actually has 199k i think he rolled the odometer back. We wrote up a bill of sale but i lost it somehow i think when i was on the side of the freeway getting in and out of the car so now i feel even worse. All i have is the title and the printed ad. I did a vin check on the car when i got home and figured he lied since the car broke down on me. When i test drove the car it ran fine no problems. started driving it home all seemed well for about 30 miles then the car dies on the freeway. I then had to tow the car the rest of the way, I find out the car's alternator is out. I wasn't mad that it was out i was mad that he covered it up and sent me home knowing i was driving 50+ miles in the rain (in ca its illegal to sell a unsafe car) almost crashed on freeway when the power completely went out ho head lights and no tail lights at all. the next day i started the car and looked at it, the car is producing alot of white smoke. Last thing is the car isn't smogged and wont pass smog. He told me it passed a few days ago but according to dmv it failed a few days ago (in ca he cant sell a car without smog) I called him that night when i broke down he said he would fix it. I then called him the next day and his phone was disconnected. I found some papers with his address on it and has to be current since it was the failed smog. I dont know if i should go to the police or not? Im going to the court house to file suit. I didnt want to bother or showing up to his house because if i do i might regret what would happen. I would call but i know he will just change his number. How strong is my case? Can i also sue for Towing, gas, and the fact he almost killed me when the car died on the freeway in the rain at night?

 

[BL]

What is the name of your state? California.

I have bought many used cars from and have been lucky to get good running cars. Well this last time i got screwed big time. First off, The guys ad, said the car has 99k miles on it, the odometer said 99k miles. The title said 134k and i asked him why it said this on the the title he said that dmv made a mistake and added the 1 to it but it was fixed on the vin (wish i checked vin before buying car) I put to much trust into believing him and the car actually has 199k i think he rolled the odometer back. We wrote up a bill of sale but i lost it somehow i think when i was on the side of the freeway getting in and out of the car so now i feel even worse. All i have is the title and the printed ad. I did a vin check on the car when i got home and figured he lied since the car broke down on me. When i test drove the car it ran fine no problems. started driving it home all seemed well for about 30 miles then the car dies on the freeway. I then had to tow the car the rest of the way, I find out the car's alternator is out. I wasn't mad that it was out i was mad that he covered it up and sent me home knowing i was driving 50+ miles in the rain (in ca its illegal to sell a unsafe car) almost crashed on freeway when the power completely went out ho head lights and no tail lights at all. the next day i started the car and looked at it, the car is producing alot of white smoke. Last thing is the car isn't smogged and wont pass smog. He told me it passed a few days ago but according to dmv it failed a few days ago (in ca he cant sell a car without smog) I called him that night when i broke down he said he would fix it. I then called him the next day and his phone was disconnected. I found some papers with his address on it and has to be current since it was the failed smog. I dont know if i should go to the police or not? Im going to the court house to file suit. I didnt want to bother or showing up to his house because if i do i might regret what would happen. I would call but i know he will just change his number. How strong is my case? Can i also sue for Towing, gas, and the fact he almost killed me when the car died on the freeway in the rain at night?

Do a google search on your State's small claims court .

What you can sue for .

Towing , probably .

Gas ? I doubt .

The fact it could have killed you , No. Nothing happened .

You sue for your damages you incurred .

Be ready to show ALL your proofs .

 

[Happy Trails]

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

 

[buster84]

Thanks i have all proof ready. What about Gas and toll charges can i make him pay for those as well? it cost me 40 in gas for my car and i put 20 in gas in the other car, then i had to pay $8 total to go through the bridge with both cars. I wouldn't mind paying those if he didn't rip me off and make me go to this extent. If the car worked fine it wouldn't be an issue. I just feel he led me out there and wasted my gas for no reason. On top of this i found out this guy lives 20 miles away from me, and he made me meet him 80 miles away saying he lived there when he really didn't. He knew i was wasting gas and toll charges to get that car and he made me go way out the way because i think he figured i would believe he lived there, accept he left papers in showing his real address like a dumb ass. What about court fees as well?

 

[BL]

Thanks i have all proof ready. What about Gas and toll charges can i make him pay for those as well? it cost me 40 in gas for my car and i put 20 in gas in the other car, then i had to pay $8 total to go through the bridge with both cars. I wouldn't mind paying those if he didn't rip me off and make me go to this extent. If the car worked fine it wouldn't be an issue. I just feel he led me out there and wasted my gas for no reason. On top of this i found out this guy lives 20 miles away from me, and he made me meet him 80 miles away saying he lived there when he really didn't. He knew i was wasting gas and toll charges to get that car and he made me go way out the way because i think he figured i would believe he lived there, accept he left papers in showing his real address like a dumb ass. What about court fees as well?

Include the gas amount , it can't hurt .

Court cost are usually on the claims form and will be awarded if you win .

The thing of it is , who has the car now ?

If you , have you got estimates of repair cost ?

What is the worth of the car as it was sold ?

 

[B.R. GOLDMAN]

It appears your issue is a criminal matter (rolling back the odometer), as well as civil. I would suggest you contact the local law enforcement agency and, whether or not you purchased the vehicle from a licensed dealer, the Department of Motor Vehicles investigators. File a criminal complaint.

If it was me, I would not sue for a small amount, as it appears from your statement that there was an evident intent to defraud. You may wish to explore a civil matter for the amount of the vehicle purchase price, costs of repairs, etc., as well as additional damages for willful intent to defraud. Talk to a lawyer. I would.

 

[buster84]

It appears your issue is a criminal matter (rolling back the odometer), as well as civil. I would suggest you contact the local law enforcement agency and, whether or not you purchased the vehicle from a licensed dealer, the Department of Motor Vehicles investigators. File a criminal complaint.

If it was me, I would not sue for a small amount, as it appears from your statement that there was an evident intent to defraud. You may wish to explore a civil matter for the amount of the vehicle purchase price, costs of repairs, etc., as well as additional damages for willful intent to defraud. Talk to a lawyer. I would.

Hi, thanks to all for your help. Goldmen, i had a mechanic look at the car and he told me the engine is on its way out and sounds like a can of marbles. what ever that means. But he also told me the odometer was not rolled back. He looked at it and said it only goes to 100k then rolls back to 0. I never knew this, and i find it funny that a 93 would have this in it? is this normal or a replaced dash unit? Second, i have his ad that he posted clearly stating 99k miles and not 199k. So he did intent to defraud me. What could i sue for? I dont want this car anymore cause its 199k miles. I just want my money back and money for my time and frustration and intrist on the money because it could be in the bank right now. Second he has caused me to drive my v8 every day now and i thought i was buying a car that was working and got 30+ mpg, now im driving my v8 getting 15mpg can i also sue for the gas im having to pay because of my commute because it is his fault for intentingly selling me a broken car. I also filed suit, didnt ad any of that in my suit, can i adust the amount and add it on this if this it legal to due? I dont want to try to sue for something im not entitled to because im not looking to steel from him, just give him what he deserves as payback.

 

[Ohiogal]

How do you know he intended to defraud you?

 

[buster84]

How do you know he intended to defraud you?

I'm Assuming you didn't want to read through my long post. I sold me a car and posted an online car ad. Stating 99k miles, Second he stated the car was in perfect running condition and just past smog, and this is all on the ad which i printed out. When i bought the car i seen 99k on the odometer i didn't realize that it only went to 100k till after words, but i did ask him why the title said 125k on it and he said the DMV reported it wrong. Last but not least i was only able to drive 20 miles before i almost crashed on the freeway because the car died in the rain and i had no head lights or emergency lights. He never bothered to tell me the car's alternator was bad and that the engine is on its way out! Even in person he said it was a good running car. He also replaced the battery and now i know why he did it to cover up the alternator issue, which is why the test drive went fine. I don't know to much about cars engines and he gave me his word, which men't nothing. and last but not least, The title had a P.O box address like he didn't want to be sued, and he Disconnected his verizon cell phone that night after selling me the car. So tell me how does this not sound like intent to defraud?!? I only got his address from a oil change paper that was left in car. Again i only want what he deserves, not anything extra. He deserves to pay for the 100% knowingly and intent to defraud, And in CA you cant sell a non smogable car so no matter what he owes me my money back.