Odometer Fraud

[elljay]

I purchased a car in Atlanta, GA in which the seller stated to me that the car had 93,000 miles and also advertised this information in the newspaper. The odometer on this car reads 094068. The very last digit is between 0 and 1. The area giving access to this odometer is only being held together with two of four screws and has an opening on the bottom, left side. The seller forgot to clean out this car before selling it and left a book in the back seat which contained a receipt showing the correct mileage of almost 200,000 miles. I verified the correct miles with the previous owner.

Unfortunately, I bought the car without the title. Nevertheless, the odometer has been tampered with.

What are my next steps in suing the seller in state and federal court? Any other advice is greatly appreciated.

 

[I AM ALWAYS LIABLE]

I purchased a car in Atlanta, GA in which the seller stated to me that the car had 93,000 miles and also advertised this information in the newspaper. The odometer on this car reads 094068. The very last digit is between 0 and 1. The area giving access to this odometer is only being held together with two of four screws and has an opening on the bottom, left side. The seller forgot to clean out this car before selling it and left a book in the back seat which contained a receipt showing the correct mileage of almost 200,000 miles. I verified the correct miles with the previous owner.

Unfortunately, I bought the car without the title. Nevertheless, the odometer has been tampered with.

What are my next steps in suing the seller in state and federal court? Any other advice is greatly appreciated.

My response:

You report the matter, along with your proof, to the local Department of Motor Vehicles and let their investigators handle the car seller. That's why you're paying taxes.

IAAL

 

[elljay]

IAAL

I called the GA DOMV and was told that they do not handle odometer fraud. They gave me the National Highway Traffic Safety Administration's (NHTSA) 800 number.

 

[I AM ALWAYS LIABLE]

IAAL

I called the GA DOMV and was told that they do not handle odometer fraud. They gave me the National Highway Traffic Safety Administration's (NHTSA) 800 number.

My response:

Well, that is unfortunate news. In California, it's quite different and the DMV takes "Rolled Back" odometers extremely seriously.

Unless you want to "crash test" the car, the NHTSA will do nothing for you. They are a Federal Agency, as you know.

Okay, final suggestion: Call your DMV back and see if you can get or buy the registration history on the car. If you can, then you should have enough evidence to show to a judge concerning your seller's alleged fraud upon you. You may get money damages, but in order to do so, you'll need to find out for the judge the difference in values between a car with the low mileage and one with the higher mileage.
The difference in values would be your measure of damages.

Or, perhaps, the judge might order a rescission of the contract altogether. In that instance, the judge could order your money returned, and the car returned to the defendant.

You will be suing on two legal theories:

1. Contractual Bad Faith and Fraud.

2. Breach of Contract.

Good luck.

IAAL

 

[elljay]

Thank you very much.

Actually, not only did the seller leave a receipt in a book, but the glove compartment also contained other receipts and two original registrations from previous owners. Should I attach copies of the registrations to my lawsuit or wait for trial?

One more question please - Is it okay if I drive the car? I haven't driven it because I don't want to add any more miles on the car, but then, I have to walk past the car to catch the bus.

Again, thank you for your help.

 

[I AM ALWAYS LIABLE]

Thank you very much.

Actually, not only did the seller leave a receipt in a book, but the glove compartment also contained other receipts and two original registrations from previous owners. Should I attach copies of the registrations to my lawsuit or wait for trial?

One more question please - Is it okay if I drive the car? I haven't driven it because I don't want to add any more miles on the car, but then, I have to walk past the car to catch the bus.

Again, thank you for your help.

My response:

The only copy you should attach to the complaint is a copy of your contract with the seller. Everything else is either divulged in the "discovery process" or at trial.

You can drive the car - - it's yours. And, it's highly doubtful that you could put those kind of miles on a car in the amount of time you've owned that car. Add to that, the fact that the mileage was placed on your ownership transfer papers when you registered the car; so, you already have proof of the mileage at the time you bought it (hopefully).

You're welcome.

IAAL

 

[elljay]

Hello again. I hate to be a pain, but I purchased the vehicle without the title. According GA, I need the title to register the car. The seller wrote on my bill of sale "Guaranteed a title on Nov 24th or all money back."

On November 24, I received a federal express envelope with the seller's first name but a different last name (there is a story behind that) and a different business address. I have not opened the envelope. As far as I'm concerned, I have not received anything from the seller.

My dilema is: if I open the envelope and the title is in there, then I have received the title which I believe has "exempt" for the mileage. It may look as if I knew about the mileage discrepancy. If I don't open the envelope, then I have not received the title and I don't own the car even with the bill of sale. I don't think I can sue the seller for damages for a car that I don't own.

Your help is greatly appreciated.