What are my rights if the mileage on the used car that I bought was turned back?

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What are my rights if the mileage on the used car that I bought was turned back?

I bought a vehicle on-line that was listed as having 77,000 miles. However when I received the title it says that it has 140,000 miles although the the speedometer reads 77,000. Obviously somebody manually lowered the actual mileage. I’ve been fooled by the auction. They don’t want to take the car back, nor does my lawyer wants to press any charges against them. What else can I do?

Asked on April 27, 2011 under General Practice, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could get  another lawyer. If the mileage was turned back, then at a minimum, you should be able to either void or rescind the sale (i.e. return the car, get your money back) and/or seek compensation (e.g. difference in value of car with 140k miles vs. 77k miles). If it was the seller him- or herself who turned the miles back (e.g. not a previous owner), and/or the seller knew of the turn back, then there may have been consumer fraud involved (fraud is basically a lie, made to get someone to do something, like buy a car), and if there was, that may support additional compensation. You seem, from what you write, to have potential grounds for legal action, so if your attorney doesn't want to act and you are not persuaded by his or her reasons, then you should consult with another lawyer. Good luck.


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