What is a consumer’s recourse if they bought a used car and the odometer reading was set back?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is a consumer’s recourse if they bought a used car and the odometer reading was set back?

I bought a used car. The odometer read 11,100 miles. About 2 weeks later I found out that odometer was changed from 14,4367 miles. What rights do I have?

Asked on March 20, 2011 under General Practice, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would almost certainly have the right, at a minimum, to rescind the transaction--give the car back and get your money back in return. That would be the case whether the seller knew of the rollback or not, since you were buying--the deal was supposed to be for--a car with 11,100 miles but instead the car had 144,367 (or if you mistyped at the end, 14,436); that is, in the "innocent" case, the deal was founded on a mistake of fact, which makes the contract voidable.

If the seller knew of the rollback and withheld that information, or worse, did the rollback himself, you may further be able to recover additional compensation or damages from him under a fraud theory--that is, he very likely committed fraud against you in those circumstances.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption