Odometer Fraud

[TrevorHodges]

Thanks! Any ideas on how I should present this case before the judge?

 

[mightymoose]

Show the discrepancy in the titles that you have found and then let the guy try to explain it.... he will argue that he swapped engines and that the mileage is correct. When he does that, you have pretty much won... but you will probably have to explain that you did not know the engine had been swapped at the time of the sale.

 

[TrevorHodges]

Show the discrepancy in the titles that you have found and then let the guy try to explain it.... he will argue that he swapped engines and that the mileage is correct. When he does that, you have pretty much won... but you will probably have to explain that you did not know the engine had been swapped at the time of the sale.

Mighty,

I received his response in the mail today. In his response, he openly stated that there is a "newer" engine in the vehicle. I will type the response verbatim later.

 

[mightymoose]

So long as you had no knowledge of the engine swap at the time of sale you should be set.

 

[TrevorHodges]

So long as you had no knowledge of the engine swap at the time of sale you should be set.

Here's his response:

The vehicle in question was sold "as is", with no warranties or guarantees. I did not tamper with or manipulate the odometer reading in anyway and had no knowledge of a discrepancy at the time of sale. The vehicle is almost 20 years old and has many new parts that were replaced, including a newer engine, by me (defendant). I was not aware of any emissions issues at the time of sale, but the plantiff knew that I had not taken the vehicle through emissions and it was his responsibility to take care of that. I do not feel I lied, or defrauded the plantiff in anyway. I sold a older vehicle at a good price that was not perfect as it is an older car.

 

[mightymoose]

I am not so sure the guy was trying to pull a fast one on you... but if he previously marked NAM on a title and later marked it as actual he might have a hard time explaining that. Maybe it was a simple mistake, but if you had no knowledge the engine was swapped and only found out after finding the title discrepancy, then you may have something.

However... at the same time, you have an obligation to find out everything you need to know about the car before making the purchase. I would think that a new engine might stand out a little bit.

Are you going to be asking for your money back or just for some compensation?

 

[TrevorHodges]

I am not so sure the guy was trying to pull a fast one on you... but if he previously marked NAM on a title and later marked it as actual he might have a hard time explaining that. Maybe it was a simple mistake, but if you had no knowledge the engine was swapped and only found out after finding the title discrepancy, then you may have something.

However... at the same time, you have an obligation to find out everything you need to know about the car before making the purchase. I would think that a new engine might stand out a little bit.

Are you going to be asking for your money back or just for some compensation?

I want my money back, I've tried to square things away with him and he wasn't going to work things out. I was a little upset when he claimed he told me it didn't go through emissions testing in his response, but that would be a he said she said situation.

 

[mightymoose]

Well I think you have a good argument.
You'll just have to lay it all out for a judge as best you can.

 

[TrevorHodges]

Court date is 9 days away...