odometer rolled back, want downpayment refunded

[saben]

What is the name of your state? AZ

I looked a used car from an independent party who sells used cars, but is not a used car dealer. The odometer stated that it had just under 99,000 miles on the 92 Camry and was/is in good condition. I paid a $300 downpayment/deposit so the car would be held for 3 days, at which point I would pay for the rest of the car. I was given a receipt for the $300 paid. I copied the VIN number down, and after getting home later that night I learned from www.carfax,com that the car had 130,000 miles recorded at it's last emsion on 5/6/03. I have since called the seller and was given the run around. I want to know what action, if any can be taken to get my deposit back. I did not sign any contract, but was given a receipt for the $300 paid. I plan on filing a complaint with the DMV, and I have found a federal nuber i can call for odometer tampering, but do not think any of these will get my money back. Will i have to file a claim in small claims court? Is there something more i can threaten them with? Any advice you can give me would be great. Thank you in advance.

 

[stephenk]

small claims court is the way to go.

 

[D.B. Cooper]

As a former used car dealer I can tell you that a old car with 99,000 and one with 139,00 are basically worth the same, espacially a great car such as a camry. Hence worthless to rollback odometer...It's a $1000 dollar 15 year old car, not a high value collectible. Are you sure the actual mileage is not 199,000? Those the reciept say the milage?

 

[racer72]

92 Toyota's have million mile odometers, a hundred thousand rollover won't apply in this case.

 

[D.B. Cooper]

Yes you are correct, I forgot about that