GA - Odometer Fraud?

[JustDan]

Marietta, Georgia
Hi all - I'll try to be as succinct as possible. I can't find a definitive answer in my research so I am giving this a shot!

January 2017
Shopping for a motorcycle. Mid-life crisis sort of purchase.
Find one at a dealer that I like.
2007 Honda
Listed mileage 13,988
Decide to purchase - Assume loan through dealer's lender.
Receive bill of Sale noting mileage of 13,988
No Odometer Disclosure (I find out that 10 years or older does not require one but at the time did not realize that or even the lack of the form to sign)

May 2018
Pay off lien and receive title in mail noting "Odometer: EXEMPT" - This is when I research that to find the 10+ year old model exemption.
Noted date of issuance to lien holder: 2/8/17 with Date Vehicle Purchased: 1/20/17

November 2018 (today)
Start prepping the bike to sell.
Getting paperwork in order.
Decide to print out a vehicle history report so potential buyer can be confident in purchase
Look at title history:
2017-02-08 Georgia Current UNKNOWN mi. (this is when the title was issued to the lien holder, at that point, exempt)
2016-05-13 Georgia Historical 59900 mi.
2016-04-12 Georgia Historical 59900 mi.
2014-04-17 Iowa Historical 9728 mi
2014-04-17 Iowa Historical 9728 mi.
2012-05-17 Iowa Historical 6728 mi.
I could have sworn I ran a history report before purchasing, I've done this enough to know to at least do that. Even if I did, I must have not paid enough attention to this and worried more about an accident report showing up or something.

Regardless, the bill of sale states 13,988 miles while it looks like they took ownership of the bike with a noted 59,900 miles. It seems the dealer took ownership of the vehicle BEFORE it was exempt and must have known that the miles were not accurate, right? The historical noted mileage must have been taken from the odometer and they either tampered with the one on the bike currently or replaced it altogether... either way, aren't they obligated to disclose that information in writing?

The reality is that I didn't do my due diligence in investigating this 2 years ago but did the dealer defraud me purposefully or through omission of stating facts that would absolutely significantly devalue the vehicle? The reality is that a 60,000 mile motorcycle is just about worthless... it's like owning a 200,000 mile car.

Thanks for anyone's help or input.

 

[quincy]

Here is a link to information on odometer fraud, with information specific to Georgia:
http://consumer.georgia.gov/consumer-topics/odometer-fraud

 

[xylene]

Have an independent (not the dealer you bought it at) inspect the bike for tampering.

 

[JustDan]

Here is a link to information on odometer fraud, with information specific to Georgia:
http://consumer.georgia.gov/consumer-topics/odometer-fraud

That was my first stop. Still no definitive info on whether they were obligated to notify me of a previous listed title mileage.

 

[JustDan]

Have an independent (not the dealer you bought it at) inspect the bike for tampering.

Well, regardless of tampering, anyone I try and sell it to will see a listed title mileage on previous ownership of 59,900 miles and will be in the same boat I am.

If it was really 59,900 I need to know if the dealer was obligated to tell me... if it was not 59,900 then I need to find out why the title history states that and whether or not I can have that expunged.

 

[quincy]

Well, regardless of tampering, anyone I try and sell it to will see a listed title mileage on previous ownership of 59,900 miles and will be in the same boat I am.

If it was really 59,900 I need to know if the dealer was obligated to tell me... if it was not 59,900 then I need to find out why the title history states that and whether or not I can have that expunged.

You have some investigating to do if you hope to show that the dealer knowingly misrepresented the mileage in order to sell the vehicle for a higher price. You have more investigating to do if you want to discover who was responsible for tampering with the odometer.

As you correctly note, this type of investigation should have been done by you prior to purchase.

 

[adjusterjack]

And since you have owned it for almost two years your chances of successfully holding the dealer responsible are slim to none.

Sorry, but I think you will have to take your lumps on this one.

 

[JustDan]

And since you have owned it for almost two years your chances of successfully holding the dealer responsible are slim to none.

Sorry, but I think you will have to take your lumps on this one.

I don't know about that. Statute of limitations paired with dealers obligations to keep certain records means time frame shouldn't be an issue.