Overhaulin'

Odometer fraud...I think?

We purchased a vehicle on 9/21, used. The vehicle's digital odometer states the vehicle has 43k miles on it. The sales person who happened to be the assistant manager wrote this mileage on all the paperwork we signed. He gave us a copy of the title to get the VIN for our insurance, later after we got home we noticed, the title says the mileage was 102000. We called in the morning and they kind of blew us off, they said they spelled my husbands name wrong on the paperwork and needed us to come back in and re-sign the papers. We didnt. I did a Car Fax, and it confirmed the 102000 miles. I called an attorney, we had to fax all the documents we signed, he said not to call the dealership back or answer the calls, to just avoid them for now and after he reviews the paper work he will call them. I dont know what to do? I know I can get out of the contract, but we need a 2nd vehicle, should I sue? Can you sue? What would I gain from it? Free car? Cash? The last phone call that came in tonight, was from our sales person, now they have called around 14 times today leaving a message every other phone call, the message said they needed us to bring the car back so they could change the mileage on the paperwork...Im nervouse at this point on what will happen. The Assistant Manager who sold us the car looked puzzled when I told him the mileage, he drove the car to us so he saw it too. He is the one who copied the title and he was looking at it after he made the copy, so he saw the mileage im sure, it is right there cant miss it. If it was a glitch, I think he should have said, there is an error in the mileage i cannot sell you this car, but he didnt...anyone been in this situation..what happened?

Public Comments

1. Just relax. You've done everything right so far. Just listen to your attorney and do what he tells you to. Ultimately, you should have all of your money refunded and find a different car. Or have the price of the one you bought adjusted.
2. get in touch with the motor vehicle office and file a fraud complaint.
3. Just wait and listen to your lawyer the car company knows that you have them over a barrel or they wouldn't be calling so much.They tried to scam you and got caught be patient you are in control of the situation
4. In order for a lawsuit to be successful, you need to prove both negligence and damages. This means you have to prove the error was intentional. If it was an honest mistake, there is no negligence. I doubt it was intentional, as they know how easy it would be to discover the discrepancy (as it was). As far as damages, those are minimal. If the dealership is reputable, they will refund your money and take the car back. They may also offer you an allowance on the next car you purchase from them, but that is not required. Chances are, your attorney fees will be higher than any allowance the offer.