Breach of contract by the dealer.

[Tyler10135]

Jurisdiction

Arkansas

Would it be considered breach of contract by the dealer if in the contract the miles listed on the car to be purchased were listed at 150,000 miles but upon delivery of the vehicle it was found that the actual mileage was at 190,000? If so what legal actions can be taken and what damages could be claimed?

 

[army judge]

Would it be considered breach of contract by the dealer if in the contract the miles listed on the car to be purchased were listed at 150,000 miles but upon delivery of the vehicle it was found that the actual mileage was at 190,000? If so what legal actions can be taken and what damages could be claimed?

You betcha that's a problem, mate.

If the odometer was rolled back, oh my.....

It is illegal to disconnect or replace an odometer for the purpose of changing the number of miles on it. Both federal and state laws give protection to consumers who suspect that they have purchased a car with a rolled back odometer.

What Is The Law?

It is illegal to tamper with an odometer. It is also illegal to sell or advertise any device for tampering with an odometer. Additionally, it is unlawful to operate a vehicle with a disconnected or non-functional odometer with the intent to defraud.

When a vehicle is sold, the seller must give the buyer a written odometer statement disclosing the following information: the vehicle's true mileage at the time of transfer; the date of transfer; the buyer's and seller's names and addresses; the vehicle's make, year, and body type; and the vehicle identification number.

If the seller knows that the mileage has exceeded the mechanical limit of 99,999 miles, he or she must provide that information to the buyer.

Here's where you go to report the cheater:

Arkansas Attorney General

Arkansans who call the Division's hotline at (800) 482-8982 will be greeted by a phone counselor who may take care of an issue, or forward the matter to one of the Division's 10 investigators, who all specialize in fields ranging from cars to credit cards.

 

[txls]

Your legal remedies would either be A. You return the car and they return your money. or B. They refund you the difference between the value of the vehicle at 150,000 vs the value at 190,000.
UNLESS the odometer was in fact rolled back(not just a typographical error). Then you want option A.

 

[Michael Wechsler]

You may also choose to file a complaint with the state attorney general of Arkansas - which you may want to do regardless of the outcome if it's determined this is odometer fraud.

Arkansas Attorney General

Here is the U.S. Department of Justice summarizing the Federal Odometer Tampering Statutes and which includes text and explanations of the law.

THE FEDERAL ODOMETER TAMPERING STATUTES | CIVIL | Department of Justice