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Car buying: Fraud

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BuckeyeMafia

BuckeyeMafia

A Leaf on the Wind
I am buying a used car because of the loss of my former one. The vehicle I looked at today was exactly what I was looking for- with a decent price tag. It was only 9,9 and about 11,5 out the door. The vehicle according to the dealership had 35,200 miles on it. When I got home after looking at the car today, it had 75,000 miles recorded on the odometer according to Carfax. Does anybody know if I can buy the car, and then sue for their fraudulence? Is there anyway to check the actual miles on the car and then prove it? Perhaps I'm being wrong for not just reporting them, but if I can get a free car out of this, hell, their bad for being frauds.

The car does LOOK like it has 75,000 miles on it, I mean it's 5 years old and seems like it. Many dings and scratches along the bumpers and undercarriage. The part that alarmed me about the car was the front and back tires were two different tire brands, suggesting only the front or back had been replaced, or maybe replaced at a different time.

Thanks all.
 
BuckeyeMafia;1471327; said:
I am buying a used car because of the loss of my former one. The vehicle I looked at today was exactly what I was looking for- with a decent price tag. It was only 9,9 and about 11,5 out the door. The vehicle according to the dealership had 35,200 miles on it. When I got home after looking at the car today, it had 75,000 miles recorded on the odometer according to Carfax. Does anybody know if I can buy the car, and then sue for their fraudulence? Is there anyway to check the actual miles on the car and then prove it? Perhaps I'm being wrong for not just reporting them, but if I can get a free car out of this, hell, their bad for being frauds.

The car does LOOK like it has 75,000 miles on it, I mean it's 5 years old and seems like it. Many dings and scratches along the bumpers and undercarriage. The part that alarmed me about the car was the front and back tires were two different tire brands, suggesting only the front or back had been replaced, or maybe replaced at a different time.

Thanks all.
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If you buy the car knowing it has 75K, then you are the one who needs to get hit for fraud when you file suit. Inquire about the discrepancy, get the explanation in writing, and then decide. But if you KNOW the mileage is probably wrong, then you can't say you were misled about it later if it is really a 75K mileage car.
 
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Gatorubet said:
If you buy the car knowing it has 75K, then you are the one who needs to get hit for fraud when you file suit. Inquire about the discrepancy, get the explanation in writing, and then decide. But if you KNOW the mileage is probably wrong, then you can't say you were misled about it later if it is really a 75K mileage car.
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prove he knew about it, though :biggrin:
 
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Gatorubet;1471386; said:
If you buy the car knowing it has 75K, then you are the one who needs to get hit for fraud when you file suit. Inquire about the discrepancy, get the explanation in writing, and then decide. But if you KNOW the mileage is probably wrong, then you can't say you were misled about it later if it is really a 75K mileage car.
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I don't have strong morals. :biggrin:

The car says 35,200 and the Carfax says 75,099. No way a typo was made, and the car salesmen also mentioned he didn't sell the car because of the mileage, they just fixed the online advertisement. Personally, I think it could have had a previous owner that treated their car like shit (explaining the 75K look), but it's highly unlikely. It looks like it was owned by a teenage girl or old person, the rims are scratched actually because of rubbing against some kind of pole or something. Whoever it was, they made parking much more difficult than it is, and ran over a dead moose. It appears that they bottomed the car out everyday over a speed bump. Being that it's a 2005, I find it a lot more likely to be 75K than 35K.

Really the vehicle doesn't look as bad as I describe it, I'm just picking it apart because of the carfax. The way the salesman acted today.. I don't know. I talked about coming back tomorrow and suddenly he wanted to drop a grand and a half off the price. Thats normal, but the price is a little low as is, and it's not the end of the month. He just seemed really edgy to sell it after I spent 40 minutes "thinking about it" alone, while looking at the car.

If you guys want to question my morals, it's fine, but they kind of deserve it-bending me over in the first place.
 
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BuckeyeMafia;1471327; said:
I am buying a used car because of the loss of my former one. The vehicle I looked at today was exactly what I was looking for- with a decent price tag. It was only 9,9 and about 11,5 out the door. The vehicle according to the dealership had 35,200 miles on it. When I got home after looking at the car today, it had 75,000 miles recorded on the odometer according to Carfax. Does anybody know if I can buy the car, and then sue for their fraudulence? Is there anyway to check the actual miles on the car and then prove it? Perhaps I'm being wrong for not just reporting them, but if I can get a free car out of this, hell, their bad for being frauds.
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Did you get the CARFAX report after you bought the car?
 
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BuckeyeMafia;1471391; said:
I don't have strong morals. :biggrin:

The car says 35,200 and the Carfax says 75,099. No way a typo was made, and the car salesmen also mentioned he didn't sell the car because of the mileage, they just fixed the online advertisement. Personally, I think it could have had a previous owner that treated their car like shit (explaining the 75K look), but it's highly unlikely. It looks like it was owned by a teenage girl or old person, the rims are scratched actually because of rubbing against some kind of pole or something. Whoever it was, they made parking much more difficult than it is, and ran over a dead moose. It appears that they bottomed the car out everyday over a speed bump. Being that it's a 2005, I find it a lot more likely to be 75K than 35K.

Really the vehicle doesn't look as bad as I describe it, I'm just picking it apart because of the carfax. The way the salesman acted today.. I don't know. I talked about coming back tomorrow and suddenly he wanted to drop a grand and a half off the price. Thats normal, but the price is a little low as is, and it's not the end of the month. He just seemed really edgy to sell it after I spent 40 minutes "thinking about it" alone, while looking at the car.

If you guys want to question my morals, it's fine, but they kind of deserve it-bending me over in the first place.
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I have no problem raping them if they lied to you and you had no idea about the carfax, but if you don't try to clear it up when you DO know about it, then I would not represent you in the "fraud" suit, 'cause you wouldnt have been defrauded. :biggrin:
 
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Yes. Odometer tampering is a major offense. I am not sure they can plead ignorance, and they must inform you of the odometer discrepancy. Of course if you knew before hand that does not help a civil case. Yet still illegal. Dealers must look into the cars they sell, and if it's on a carfax report they would have a tough time explaining why they didn't know.

In other words, tell them. If they do nothing, report them. Yet buying it hoping to get a return in a civil procedure is not a good idea.
 
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What I plan on doing if I do in fact buy the car is give them phone calls about a week after it's purchased, then pick it up into lawsuit form a week after that. I'm not sure how obvious 40,000 miles are to a mechanic, but I don't imagine it would be that hard to identify and prove if I am right. Thing is, they're going to need a damn good excuse for this one if I have any proof at all.

As far as approaching them about the mileage- I assume before I buy the car I bring them the printed Carfax and ask for an explanation. Get them to write down why it's messed up, and play sweet, ignorant buyer, driving away in a new car. Then I play "I just got screwed by being a sweet ignorant buyer".
 
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BuckeyeMafia;1471422; said:
What I plan on doing if I do in fact buy the car is give them phone calls about a week after it's purchased, then pick it up into lawsuit form a week after that. I'm not sure how obvious 40,000 miles are to a mechanic, but I don't imagine it would be that hard to identify and prove if I am right. Thing is, they're going to need a damn good excuse for this one if I have any proof at all.
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The best you are going to get in return is the difference in Blue Book price. That, minus lawyer fees. It's simple contract law. You can either get your money back while giving up the car, or the difference in benefit received vs. what you got. That makes you whole. Too bad you have to pay a lawyer to get it, and in the US court system it's very tough to get lawyer fees too. Your lawyer could try and get money for other damages, but it would be really trumped up and tough to get. This is not a civil issue, and you cannot benefit from it. Follow the advice of my previous post. If you really want to get anything, try and haggle with them. If you want to be shady, tell them you won't report them to the authorities if they give a really good deal. That is the only way you will make out on it. Of course even then they will just plead ignorance, change the price, etc. and the authorities won't do much.

You don't really have much of a Tort claim here. It's more of a contract claim, and you don't really make out on that unless there is something with buying the car causes you to miss out on other future income. I don't really see any personal injury here. Sorry, but your plan is poor and won't work.
 
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