What legal action can I take if someone intentionally falsified a truck title?

A private owner advertised the truck with 74,769 miles. The odometer says 74,840 and that is what he wrote in the blanks. However, when I got home and pulled out the title, it says the truck had 165,100 miles when the truck was last titled. Am I up the creek or can I get my money back?

Asked on June 3, 2012 under General Practice, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Fraud is the knowing (which includes when someone reasonably should have known) misrepresentation (or lie) about a material (or important) fact, made to induce (or convince) someone else to enter into a transaction or pay money. Lying about mileage, when there is reason to think the owner either knew or should have known, of the correct mileage, is fraud. Fraud can provide grounds to either rescind the tranaction (e.g. give truck back, get money back) or to sue for monetary compensation, and it often provides grounds to even recover additional compensation, beyond the actual extent of damages  or loss you experienced. From what you write, it would be worthwhile to consult with an attorney about possibly bringing a lawsuit. Good luck.


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