Question by manda: need legal help.Bought a car from a small seller–just ran a carfax found roll back mileage-what do I do?
Ok..so my fathers friend is a mechanic and he introduced us to a man he knows who sells cars from auctions.
I test drove and had the mechanic check out the car and there were a few minor things that needed to be repaired(back brakes, a sensor, the horn)… and the seller agreed to pay for those repairs.
The car is a 1998 Honda Accord ex–with, what I thought, 98,000 miles.
I gave him a down payment of $ 600-and am supposed to give him the rest today—
I ran a carfax last night and I found out that the car had 112,000 miles back in 2005–and none reported after that. I also found out that in 2008 the car was in a “severe accident” where it hit a tree and was then sent to the salvage yard as a total loss.
I don’t want this car–I don’t even know what the mileage is and who knows what can happen.
How do I go about this the right way? If he refuses to break cancel our contract can I take him to court for a false odometer reading?
I did not receive a title yet but I did do a title transfer at the currency exchange and they said I would get it in the mail because they deal with this seller all the time. I HAVE NOT SIGNED A TITLE YET but I HAVE signed a contract which included payment information and included the repairs which the seller agreed to cover.
Best answer:
Answer by ElGrande
You’d have to prove that HE falsified the odometer reading. Keep in mind that if the odometer was tampered with, it was probably before he came into possession of the vehicle. Taking him to court for that wouldn’t hold water, as it’s the buyer’s responsibility to check for these things before purchase.
If the title is marked as “salvage”, then I wouldn’t want the car, either. Have you signed anything? Bring this to the gentleman’s attention, but bear in mind that if you signed anything you might be stuck.
(Also, keep in mind that Carfax isn’t gospel, and only relies on items reported to it. It is a service, not a thorough record. If someone incorrectly reports to Carfax, then Carfax has no way of correcting the mistake. They don’t fact-check anything… it would take them too long with all of the records they have.)
*EDIT — If you’ve already signed a payment contract, taken possession of the vehicle, AND signed for it to be registered in your name… then you’re stuck. You can indeed go back to the seller and see if he’ll work with you to unwind the deal, but he does not have to by law.
This method of purchasing cars is always VERY risky. You’re at the mercy of whomever is buying it, and auctions move very quickly. Many, many issues can be missed on an auction vehicle, but they are purchased “as-is”. Always have a mechanic check the car over beforehand in the future, and if you cannot do so… don’t purchase it.
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8 Responses
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Scott W Says:
Take the car fax with you show it to him and tell him you dont want the car do to the car fax and if he wont give you the money back then tell him ur going to talk to Ur lawyer.You can also have the mileage pulled from the cars computer by a mechanic.Im a dealer of 15 years and if the guy knows whats best for him he will give you the money back.
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The Eagle Keeper Says:
I would most certainly not get that car irregardless of any legal issues that may come up from cancelling a contract. Keep your carfax & make additional copies to show the seller. If he knows the law, it very illegal to sell a car under false pretenses. And he knows odometer tampering is very illegal. Take a pic of the odometer as well in case you need to drag that into court as proof. But get your money back & always run a Carfax before making a deal. You can’t take him to court per say from odometer tampering, but you can file a police report & hopefully the sec of states office will issue an arrest warrant. Don’t present your evidence until you have the pic as proof. Be sure to take someone with you. It’s easier to defend yourself if there is more than one of you. Have your friend take a pic of you next to the car in question & take a pic of the VIN as well. Just taking a pic of a odometer is not enough. It can be argued that it’s any cars odometer that is why you need the VIN pic & you next to it. For sure avoid any car like this. G’luck!
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Phil Says:
With the car having been totaled the odometer was probably replaced and they never rolled the “new” one upto match the old one.
I doubt there is much you can do, buyer beware.
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oklatom Says:
Sorry, you bought yourself a car. Used cars are sold (lacking something in written form) as is with a “buyer beware”.
If you found those things out after the fact, you could have also found them out before the fact.
It is not the sellers fault you didn’t do your homework, once you signed the contract, you bought the car. The seller may or may not have known of the problems with the car, but even if he did he had no legal obligation to inform you of them, so you wouldn’t prevail in court. I assume you didn’t check the title before buying, which should be clearly marked “Salvage”? Enjoy your car. If you don’t want to keep it, once you have the title in your name.
And next time, do the checking in advance, not after the fact.
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w61earl Says:
What is the big deal? You obviously liked the car, your mechanic said it’s OK, so a few thousand miles more or less is no big deal. It sounds like buyers remorse, and you just want to get out of buying the car.
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N Says:
In my state, the car is over 9 years old and therefore EXEMPT for reporting requirements.
Therefore, you probably cant do anything about the mileage.
Now, the previous salvage title is a different story. If he didn’t disclose that on your paperwork, then you almost certainly have a winable case.
But, I find it hard to believe the guy would agree to fix all these things but not tell you about a previous salvage title.
Its possible that he didn’t know. Unlikely, but possible.
If that’s the case, he could get his money back from the auction and he should return your money. Except for the extra money spent on it issue. That’s never refunded.
He may have assumed you knew that he dealt in previous salvage cars via the mechanic.
In any event, you cant MAKE him do anything. You can threaten suit. And if the paperwork doesn’t mention the previous salvage, you stand a good chance of winning a judgement for the $ 600.
But, that would take months. And it doesnt mean he will pay you. It means you can try and collect it.
But, you might consider just driving the car. YOUR mechanic vouched for the seller and the car.
That you have or have not signed the title is not relevant whatsoever.
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kelly_f_1999 Says:
well nothing you like it you pick it you payed for it and truth is carfax a big joke since it doesnt tell you the shape the car is in only the shape it was in which means nothing does not say it needs tires or it has a oil leak and not really good for much to to take people money an dwhat really gets me is you drove off a car lot without a tittle which proves who own it
what one does before buying a used car is to check shape of used car since one buys used car as is meaning if it breaks 5 minutes after you buy it its stil your car and nothing you can do but cry about it is why you hear always check before buying carfax dont do that for you it just states what was wrong with it before not what is wrong with it now..signed a contract then you pay for car if you drove car off lot you pay for car you like it you brought it you didnt check it for what shape it was in wasted money on knowing what shape it was in coul dhave got a free checklist by typing
how to buy a used car
how to check used carsorry but nothing you can do really but complain if he dont want to deal you would have to sue and get proof your right and carfax not proof since its unreliable a checklist would have se paint mix match colors and mileage doesnt have much to do with what shape a car is in you can find a low mileage car thats been drove at drag strip and be junk and that wouldnt be on carfax or have anything to do with mileage still junk car learn to check for signs before you buy it not after and dont spending money on info you can get for free
how to check used car
would have help you more cost free can use it on any car made rest of life sorry but your stuck
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alfredb1979 Says:
With the car having been totaled the odometer was probably replaced and they never rolled the “new” one up to match the old one.
I doubt there is much you can do, buyer beware.
———————-Troof.
When a car is hit badly enough, the odometer stops rolling.
Odds are, this is what went down if things happened as hypothesized, and whomever repaired things did not roll that analog odometer around and slap a tag somewhere to make note of the new odometer.
But, the burden of proof is on the OP to prove that and that is not likely to happen.
Enjoy your vehicle purchase? You probably have to now. Ignorance of laws is not bliss. DO your homework BEFORE you autograph on dotted lines and you aren’t asking this question here.
