Odometer Fraud

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TrevorHodges

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Hello,

I was wondering the laws regarding odometer fraud, in relations to private parties.

I recently purchase a vehicle from a private seller. I needed a more economical vehicle for work and school, and was on a limited budget. When I test drove the vehicle everything checked out fine. Two days later I went to go register the car, and took it to emissions. The car did not pass emissions. Which I was told it would pass emissions by the seller.

So I go to get the car re-titled in my name as I'm required to by law 15 days after the purchase of the vehicle. Upon registering my vehicle I notice there is a discrepancy in the mileage on the title I was given by the seller vs the new title from the MVD. I found out the title the owner gave me was a branded title, and he actually had taken the title to a 3rd party titling location to get it titled. I've heard people trying to pull scams do this.

When I purchased the vehicle, he stated it had 169,289 miles. He also signed the odometer statement on the back of the title stating it was accurate and those were the actual miles.

After doing some investigation, and pulling a carfax report I found out there is a NAM branded title for this vehicle. The mileage he stated to me, as well as the legal document (title) was not accurate, neither check box on the back was checked. I also found out that he had registered the car back in December of 08, and had it re-titled 11/09 at the 3rd party location.

I spoke to the seller, told him the car didn't pass emissions and there was a odometer discrepancy. He refused to give me back my money. He also told me, to meet up with him and he would add some additives so the vehicle would pass emissions. I don't want to do that, as I believe its a violation of the law.

I was wondering how I should go about tackling this issue. Thanks for all your help and feel free to ask me if you need more information.
 
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You already bought the car. You are supposed to do the research on the vehicle prior to the purchase. If you want to hold the seller responsible for anything you will have to prove that he knowingly and deliberately mislead you and misrepresented the fact regarding the vehicle. That will be tough to do.
 
You don't think he did that already?

He verbally stated the mileage to be 169,289 as well as wrote it on the back of the titles odometer statement as actual mileage. On the back of titles it says its illegal to misrepresent and violaters are subject to fines and/or imprisonment.

He registered the car originally as a not actual mileage.
 
While Moose is normally right, I have to disagree with him on this one. I run a small dealership and odometer laws are federal in nature. If this individual titled this vehicle and then retitled this vehicle in a way that shows that he knew or should have known that the mileage on the title AFFIDAVIT is false, then he committed fraud. I am not certain who investigates this fraud for individuals but I would assume you would report it to the police.

In this state if a car does not HAVE a current emissions you can not legally sell it. I suspect it is a similar situation there. Here, the law would require the seller buy back the vehicle. I would make a police report for odometer fraud and call your MVA to ask about who is responsible for having current emissions at the time of sale.
 
thank you both. I've been reading court cases and the laws regarding this matter. I also read that the federal law is honored if it is greater than the states.
 
You don't think he did that already?

He verbally stated the mileage to be 169,289 as well as wrote it on the back of the titles odometer statement as actual mileage. On the back of titles it says its illegal to misrepresent and violaters are subject to fines and/or imprisonment.

He registered the car originally as a not actual mileage.

No, nothing is certain here.
The statement on the title says "to the best of my knowledge..." This is where you get stuck trying to prove what he knew and deliberately withheld. Is the seller here the same person that registered the NAM title? Did he register that title believing it was NAM and later found out otherwise? What exactly is the discrepancy? The mileage on the old title would show the mileage at that time... it should not be expected to match what was put on the title after this sale unless it had not been driven in the last year. There are too many unknowns here to be convincing.

Normally in this situation the buyer would have the seller get the vehicle through emissions prior to the sale. The buyer should have obtained that carfax report and researched the vehicle prior to the sale.

Buyer beware... everybody know that.

Now... if the fact that the car wasn't put through the emissions test prior to sale is enough to void the sale then there might be something.
 
can I scan stuff and send it to you by chance? He is the person who registered it a NAM title. When it was registered it as a NAM he said the miles were 169000 at time of NAM title
 
Nope... no ideas why. Did the DMV have issues with the title that you obtained from him?

I am still not convinced that you have an argument over the NAM title. You had opportunity to discover this information prior to purchase. His response would likely be... "Woops... I forgot to check the box." The burden is really on you to prove that he knowingly misrepresented the vehicle during the sale.

The best argument you might have is what was mentioned above about the emissions testing... if the law requires that the test be done by the owner PRIOR to the sale, then it is possible that the sale can be voided. I don't know details about that, but it is worth investigating.

Typically with used cars you have to abide by the "buyer beware philosophy". Once you hand over the cash, you have to be prepared to deal with whatever comes next. It is possible you can build a case over the NAM title... but you have to be able to prove you were deliberately mislead about the vehicle, not that you found a discrepancy in the paperwork after the fact.
 
Well the fact he stated it had that many miles verbally and on the title don't help? I already know his defense. He's claiming he swapped the engine out. I approached him with this issue and he said he changed the engine and has pictures to prove it.
 
as for the tesing only informatio n I've been able to find is for dealers. Cars have to hav it emission tested beforeit can be sold.
 
If he uses the idea that he swapped the engine out as a defense he will be a big loser. The mileage on the car counts, not what is on the engine.
 
Yea, I contacted him and asked him what was up about the NAM title. He said, he'd see me in court. He has the original engine and the pictures to prove he swapped it out.
 
He has a surprise coming if he thinks switching out the engine makes it ok to change the odometer.
 
Ya... he is toast on this one.
At first it seemed you just had a paper discrepancy, but having swapped engines is a pretty big deal.
 
I swap engines all the time, but I don't try to represent the title with less miles than it has on it.
 
well ya...
initially it seemed like there was just some misunderstanding about the mileage or a failure to thoroughly investigate before purchase.
If the guy is open about this defense then stick a fork in him.
There is nothing wrong with swapping engines- but it certainly should be disclosed at the time of of the sale. That transmission and everything else with a zillion miles still on it are a significant gripe when the mileage is reported to be less.
 
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