Bought a used car with fraudulent odometer.

[was_scammed]

California. No matter how careful I tried to be, still fell for it and paid double what the car was worth it. The odometer had been rolled back to 25% of real mileage, and I only realized it after the fact. Seller canceled phone number, I failed to pull my own carfax and trusted the one from seller. Everything was forged, carfax, smog certificate, even his Driver License which matched the name with the original seller on the title.

Don't have much on the guy who sold me, but he was with another person who bought the car from original seller. I believe I have a legit ID on the person who bought the car, his accomplice.

1 - Can I do anything about it? Small claims court? But I only have info on the guy who bought car from original owner. According to her, the description matches and the guy who sold me was with this other guy who I have ID and bought from original owner. How would I even prove that I wasn't the one who rolled back the odometer?

2 - I don't want to keep the car at this point, but had already initiated the transfer with the DMV, but not completed, didn't pay fees or request new plates. A trusted mechanic with a dealership license, said I can sell with a bill of sale from me to a new buyer. Even if that's the case I don't know if I should put the mileage that I know is real, or what the odometer says, and check the box "not actual mileage". I will be honest with new buyer, and want to do this the right way. He says if I put the odometer reading and "not actual mileage" I could get in trouble later, not sure that's true.

BTW, I don't even have license plates, since the original owner had personalized plates and took them out.

Thoughts?

I really messed up here, and really appreciate any help. Thank you

 

[quincy]

How long ago did you purchase the vehicle? You have the title to the car, correct?

 

[was_scammed]

It was 6 days ago. I have the title, and had already filled it out and started online DMV transfer. When they responded asking for a smog certificate is when I realized something was off, as the guy had said smog had been done and handed me a forged certificate.

 

[quincy]

It was 6 days ago. I have the title, and had already filled it out and started online DMV transfer. When they responded asking for a smog certificate is when I realized something was off, as the guy had said smog had been done and handed me a forged certificate.

I am afraid I am confused as to whose name exactly is listed as seller on the title - the original owner or the person from whom you purchased the car.

If the major problem you are having in registering the vehicle are the odometer rollback and the smog certificate, those are not insurmountable problems. You can get a smog certificate - and you probably can forget trying to claim odometer fraud. But you can report suspected odometer fraud to the DMV.

Private party car sales are as-is sales which is why it is strongly recommended that a buyer have the car inspected and all available data on the car pulled prior to purchase.

If you know who the original owner is, you potentially could track down the fellow who wound up with the car and sold it to you - but it is highly unlikely that you will get your money back or the fellow arrested for falsifying information.

Information on registering a vehicle purchased from a private party:
https://www.dmv.ca.gov/portal/vehicle-registration/new-registration/registering-a-vehicle-purchased-from-a-private-party/

 

[was_scammed]

I am afraid I am confused as to whose name exactly is listed as seller on the title - the original owner or the person from whom you purchased the car.

The title is from the real previous owner, not from the guy that bought from her or his friend who sold to me. I understand that private sales are as-is, but my understanding is that's related to condition/defects. In this case, the seller purposely altered the odometer, forged a smog certificate and drivers license. He impersonated the original seller.

The federal odometer statute, including $10,000 minimum damages and attorney fees applies, despite the “as is” sale, to odometer misrepresentations, mis-disclosures or tampering. § 15.8.6.

I thought I could go try small claims court against his buddy/accomplice, which I have ID. If he doesn't show up, I win, and garnish his wages. Or he might be obligated to ID his buddy. Maybe not, that's why I am asking here.

If the major problem you are having in registering the vehicle are the odometer rollback and the smog certificate, those are not insurmountable problems. You can get a smog certificate - and you probably can forget trying to claim odometer fraud.

I know I can get it transferred to me. But I don't want to keep it at this point, I thought it had 50k and it has 200k not to mention it will bring me bad memories every time I drive! So I am trying to figure out the right way to sell to another party honestly. There is no point in paying transfer fees and taxes if I am going to sell it, that would be another loss for me. Losing on the purchase, more than twice what was really paid for the car; having to lose again on the sale as new buyer will know about odometer fraud, title issues, car accident in 2015, etc...and then losing more by paying over $1k in transfer/tax.

Thanks

 

[quincy]

The title is from the real previous owner, not from the guy that bought from her or his friend who sold to me. I understand that private sales are as-is, but my understanding is that's related to condition/defects. In this case, the seller purposely altered the odometer, forged a smog certificate and drivers license. He impersonated the original seller.

I thought I could go try small claims court against his buddy/accomplice, which I have ID. If he doesn't show up, I win, and garnish his wages. Or he might be obligated to ID his buddy. Maybe not, that's why I am asking here.



I know I can get it transferred to me. But I don't want to keep it at this point, I thought it had 50k and it has 200k not to mention it will bring me bad memories every time I drive! So I am trying to figure out the right way to sell to another party honestly. There is no point in paying transfer fees and taxes if I am going to sell it, that would be another loss for me. Losing on the purchase, more than twice what was really paid for the car; having to lose again on the sale as new buyer will know about odometer fraud, title issues, car accident in 2015, etc...and then losing more by paying over $1k in transfer/tax.

Thanks

How much did you pay for the car?

 

[was_scammed]

$13k

 

[quincy]

$13k

That’s a substantial sum to pay without getting an inspection first.

First, you cannot sue until you know the real name and address of the person who sold you the car.

You could consult with an attorney in your area to discuss your options but you might have to accept that you spent more money than you probably should have for a used car that you will have to jump through a few hoops to get registered.

 

[was_scammed]

That’s a substantial sum to pay without getting an inspection first.

I know. Really big mistake and I learned my lesson. It's a car that I owe, it's not made anymore, and I have been trying to get a "newer" one. They sell really fast and I have been trying for a long time. Driven by emotion I wasn't as diligent as I should have been. I did check a lot of things during purchase, the big mistake was not pulling my own carfax. Everything would have been clear had I done it.

First, you cannot sue until you know the real name and address of the person who sold you the car.

What if I sue his accomplice? He signed the purchase release of liability from the original owner. Wouldn't he have to show up to hearing or claim he passed the car to someone else and then ID that person?

You could consult with an attorney in your area to discuss your options but you might have to accept that you spent more money than you probably should have for a used car that you will have to jump through a few hoops to get registered.

I am already accepting that I lost money. Even if I can't sue, I want to sell the car, take the loss and move on. I don't think registering for myself is a problem, I talked to DMV and they said I just need to pay fees, request new plates, and they would honor the real smog (from real previous owner), which was past 90 days due to covid. But I want to sell it directly to another buyer, honestly. Take the loss and move on. Get a new car from dealership, new or certified, get inspected, all the things I should have done.

Thanks

 

[quincy]

I know. Really big mistake and I learned my lesson. It's a car that I owe, it's not made anymore, and I have been trying to get a "newer" one. They sell really fast and I have been trying for a long time. Driven by emotion I wasn't as diligent as I should have been. I did check a lot of things during purchase, the big mistake was not pulling my own carfax. Everything would have been clear had I done it.



What if I sue his accomplice? He signed the purchase release of liability from the original owner. Wouldn't he have to show up to hearing or claim he passed the car to someone else and then ID that person?



I am already accepting that I lost money. Even if I can't sue, I want to sell the car, take the loss and move on. I don't think registering for myself is a problem, I talked to DMV and they said I just need to pay fees, request new plates, and they would honor the real smog (from real previous owner), which was past 90 days due to covid. But I want to sell it directly to another buyer, honestly. Take the loss and move on. Get a new car from dealership, new or certified, get inspected, all the things I should have done.

Thanks

I don’t think trying to sue someone who was present at the sale is your best course of action. I think doing what you need to do to get the car registered is the best action to take. And what you do with the car after that is up to you.

But you can speak to an attorney in your area to discuss your options.

Good luck.