Odometer Fraud/Error

[kwalla]

What is the name of your state? New York

A friend purchased a used vehicle from a dealership. After several mechanical failures, a mechanic at the dealership told her the mileage on the car was in excess of 35,000 miles than what the odometer states.

The dealership has been unwilling to help her resolve the issue. Is the previous owner of this car liable for the damages she has suffered? (if there is one)
Or is her only dispute with the dealership?

Thank you for your time.

 

[kwalla]

bump once for help

 

[DrewfromCA]

If the previous owner was the only owner of the vehicle, your friend may have a chance to get some damages, but if they were not the only owner, then you can pretty much forget about it...

 

[JETX]

First, your friend is going to have to get some proof that the mileage is in error. This can be done by reviewing the DMV records (odometer statements with titles) and/or a report from CarFAX.

Once he/she has confirmed that there actually is a problem (rather than just some mechanic sayso), then he/she needs to contact the dealership with a copy of the proof. If the dealer doesn't resolve this matter with him/her, then he/she needs to take this issue to the state agency responsible for consumer and licensing.

Drew is incorrect in saying that there could be a claim against the previous owner. The only claim your friend has is to the person/dealer who sold them the car. That person then may have a later cause of action against THEIR 'suppplier'.

For more:
http://www.nydmv.state.ny.us/vehsafe.htm#Odometer
http://www.nydmv.state.ny.us/press/pr072501odo.htm
http://www.usdoj.gov/civil/ocl/cases/menake_NY.htm

 

[kwalla]

Thank you very much for your information. Those sites were helpful.

Just to give you an update, she found out that when the car was sold to the first owner, it had 700 miles on it. So the odometer issue could have been prior to the that owner. (There first owner bought the car from the dealership then turned it in after the lease had expired).
She did hire a lawyer and he is working with the dealership. The lawyer did in fact advise her that she does not have a claim against the previous owner, only the dealership. (Partially because there was mileage on the car upon purchase from the dealership by the original owner and that her "contract" was with the dealership not with the previous owner)

Thanks for your help again. We are both hoping it was just a mechanical issue with the car rather than a malicious case of odometer fraud.