Odometer roll a

[Eyed]

I bought a 2008 Lincoln for 12,000 dollars believing it had 94,000 miles, when I looked up the carfax report for the car it showed that the car actually had 314,000 miles on it in 2013. What made me look into the carfax report was when I went to register the car I noticed that the previous owner only put 2,000 dollars in the title. The previous owner has given me the run around and when I said I was going to take him to court he said the judge will only give 2,000 dollars because that's what was in title. Is there anything I can do ?

 

[mightymoose]

Do you have proof that you paid 12,000?

 

[Proserpina]

I bought a 2008 Lincoln for 12,000 dollars believing it had 94,000 miles, when I looked up the carfax report for the car it showed that the car actually had 314,000 miles on it in 2013. What made me look into the carfax report was when I went to register the car I noticed that the previous owner only put 2,000 dollars in the title. The previous owner has given me the run around and when I said I was going to take him to court he said the judge will only give 2,000 dollars because that's what was in title. Is there anything I can do ?

You need to also think about how you want to sue. CA does give you the option of small claims with a limit of $10k, but getting the judgment is the easy part. Collecting the judgment is an entirely different problem. You can see more here: http://www.courts.ca.gov/1062.htm

I do have a quick question, and it's a question the court may want you to answer:

Why didn't you check before you purchased?

The court may find that you didn't mitigate your damages.

 

[mightymoose]

I think OP might be okay with this. It seems the seller may have misrepresented actual mileage.
There is certainly no obligation to purchase a carfax report. This isn't quite the same as a mechanical inspection prior to purchase.
The seller has committed fraud if the incorrect mileage was reported on the title at the time of sale. It is also fraud to have misrepresented the sale price to avoid the taxes.
OP- on the title did the seller Mark the box for "actual mileage" or for "indicated mileage"?

 

[army judge]

Odometer statements are required in ALL states:

http://www.dmv.org/odometer-disclosure-statement.php


California DMV says:


http://www.dmv.ca.gov/pubs/brochures/reg/odometer.htm
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Are There Any Exceptions To This Requirement?

Yes. Reporting the odometer mileage reading is encouraged, but not mandatory if:

• the vehicle is 10 years old or older,
• the vehicle is a commercial vehicle with unladen weight of more than 8,500 lbs (more than 16,000 lbs gross vehicle weight),
• the vehicle is sold directly by a manufacturer to any agency of the United States, or
• the vehicle is a new vehicle transferred prior to first retail sale by a dealer

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[Eyed]

I have witness he was with me when I paid the money
The seller didn't marke any thing on the title as the millege not actual

 

[Eyed]

I do have witness he was with me

 

[mightymoose]

It would be a lot better if you had a receipt or a cancelled check.

 

[Betty3]

Do you not have any proof that you paid the money other than a witness?

 

[Eyed]

No I don't have proof other than witness

 

[army judge]

No I don't have proof other than witness

Okay, we've done all we can do for you.

IF you have any remedy, it might be through DMV or by hiring a local lawyer.