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Used car may have had mileage tampering, can I do anything?

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fuscucla1

Guest
The car was bought from a private individual in august, its a collectors car and not a daily driver if that makes any difference. Recently I have been reading about people unplugging the odometers and/or rolling them back, and its becoming more clear that my car may have been one that has less miles on the odometer. Is there anything I can do at this point or am I just stuck?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by fuscucla1:
The car was bought from a private individual in august, its a collectors car and not a daily driver if that makes any difference. Recently I have been reading about people unplugging the odometers and/or rolling them back, and its becoming more clear that my car may have been one that has less miles on the odometer. Is there anything I can do at this point or am I just stuck?<HR></BLOCKQUOTE>

My response:

There are Federal laws against this type of thing happening, but Federal law uses State Law and penalties when State law is available. However, you didn't tell us your State, and your State is not in your Member information. Therefore, I cannot assist you.

IAAL



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fuscucla1

Guest
Sorry, I am in california and the car was bought from a resident living in Michigan.
 
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I AM ALWAYS LIABLE

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by fuscucla1:
Sorry, I am in california and the car was bought from a resident living in Michigan.<HR></BLOCKQUOTE>

My response:

Here's the Michigan law on your subject. You'll have to sue in Michigan in State court because I don't believe you can demonstrate Federal Diversity Jurisdiction in your fact situation. Find out the history of the vehicle through the DMV in Michigan.

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949

257.233a Transfer of title or interest in vehicle; disclosure of odometer mileage by means of certificate of title or written statement; contents of statement; place for information on certificate of title and dealer reassignment form; written statement as separate document; sale or exchange of vehicles by dealer; presentation of certificate and statement to transferee; duties of transferee; return of certificate and statement to transferor for submission to secretary of state; odometer information; new or used vehicle dealer to obtain completed odometer mileage statement from transferor; odometer information not required for certain vehicles; prohibited conduct; service, repair, or replacement of odometer ; adjustment of odometer to read zero; notice; violation of subsection (6) as felony; notice to lessee before executing transfer of ownership documents; furnishing lessor written statement of mileage; transfer of leased vehicle by lessor without obtaining possession of vehicle; retention of odometer mileage statement; retention of records by auction dealer or vehicle salvage pool operator; violation of subsection (1) or (6) as evidence of fraudulent act; violation with intent to defraud or failure to retain odometer mileage statement; liability; costs and attorney's fees. [M.S.A. 9.1933(1) ]
Sec. 233a. (1) When the owner of a registered motor vehicle transfers his or her title or interest in that vehicle, the transferor shall present to the transferee before delivery of the vehicle, written disclosure of odometer mileage by means of the certificate of title or a written statement signed by the transferor including the transferor's printed name, containing all of the following: (a) The odometer reading at the time of transfer not to include the tenths of a mile or kilometer.

(b) The date of transfer.

(c) The transferor's name and current address.

(d) The transferee's name and current address.

(e) The identity of the vehicle, including its make, model, body type, year, and vehicle identification number.

(f) A reference to this section and comparable federal law, and a statement that failing to complete the title or form or providing false information may result in civil liability and civil or criminal penalties being imposed on the transferor.

(g) One of the following: (i) A statement by the transferor certifying that to the best of his or her knowledge the odometer reading reflects the actual mileage of the vehicle.

(ii) If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, a statement to that effect.

(iii) If the transfer knows that the odometer reading differs from the mileage and the difference is greater than that caused by odometer calibration error, a statement that the odometer reading does not reflect the actual mileage and should not be relied upon. This notice shall include a warning notice to alert the transferee that a discrepancy exists between the odometer and the actual mileage.


(h) Space for the signature and printed name of the transferee, and the date of presentation to the transferee.


(2) A certificate of title and a dealer reassignment form shall contain a place for the information required by subsection (1)(a) to (h). If the vehicle is not titled or the title does not contain a space for the required information, a written statement shall be provided as a separate document.

(3) A dealer selling or exchanging vehicles required to be titled under this act shall present the certificate of title or written statement and any reassigned titles in his or her possession to the transferee. The transferee or the transferee's agent shall inspect, print his or her name, sign, and date the certificate or statement and return it to the transferor for submission to the secretary of state. If neither the transferee nor transferor is a dealer licensed under this act, completing the odometer information on the certificate of title shall be considered to comply with subsection (1). A person shall not sign an odometer disclosure statement as both the transferor and transferee in the same transaction.

(4) A new or used vehicle dealer shall obtain from the transferor a completed odometer mileage statement which meets the requirements of subsection (1) with each motor vehicle acquired by the dealer. The dealer shall not accept nor provide an odometer mileage statement or a title which contains a place for odometer information which has not been completely filled in by the transferor.

(5) The odometer information described in subsection (1) shall not be required for any of the following: (a) Vehicles having a gross vehicle weight rating of more than 16,000 pounds.

(b) A vehicle that is not self-propelled.

(c) A vehicle that is 10 years old, or older.

(d) A new vehicle transferred from a manufacturer to a dealer.

(e) A vehicle sold directly by the manufacturer to an agency of the United States in conformity with contractual specifications.


(6) A person shall not alter, set back, or disconnect an odometer ; cause or allow an odometer to be altered, set back, or disconnected; or advertise for sale, sell, use, install, or cause or allow to be installed a device which causes an odometer to register other than the actual mileage driven. This subsection does not prohibit the service, repair, or replacement of an odometer if the mileage indicated on the odometer remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same mileage as before the service, repair, or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his or her agent specifying the mileage prior to service, repair, or replacement of the odometer and the date on which it was serviced, repaired, or replaced. A person shall not remove, deface, or alter any notice affixed to a motor vehicle pursuant to this subsection.

(7) A person who violates subsection (6) is guilty of a felony.

(8) Before executing a transfer of ownership document, a lessor of a leased vehicle shall notify the lessee in writing that ownership of the vehicle is being transferred and that the lessee is required to provide a written statement to the lessor regarding the mileage of the vehicle. This notice shall inform the lessee of the penalties for failure to comply with the requirement.

(9) Upon receiving notification from the lessor of a leased vehicle that ownership of the vehicle is to be transferred, the lessee shall furnish to the lessor a written statement regarding the mileage of the vehicle. This statement shall be signed by the lessee and shall contain all of the following: (a) The printed name of the person making the statement.

(b) The current odometer reading, not including tenths of miles.

(c) The date of the statement.

(d) The lessee's name and current address.

(e) The lessor's name and current address.

(f) The identity of the vehicle, including its make, model, year, body type, and vehicle identification number.

(g) The date that the lessor notified the lessee of the requirements of this subsection.

(h) The date that the completed disclosure statement was received by lessor.

(i) The signature of the lessor.

(j) One of the following: (i) A statement by the lessee certifying that to the best of his or her knowledge the odometer reading reflects the actual mileage of the vehicle.

(ii)
 

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