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Used Car Has an Odometer Discrepancy

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  • 09-17-2013, 03:15 PM
    MikeHutch627
    Used Car Has an Odometer Discrepancy
    My question involves a consumer law issue in the State of: New Hampshire


    Scenario: I purchased a vehicle from a small dealer less than 1 week ago. The odometer, title and bill of sale read; 86,xxx miles. After purchasing the vehicle and transporting it home, I noticed a sticker inside the door jam which notified that the odometer had been replaced in 2006 at 126,xxx miles. The seller did not have me sign an Odometer Disclosure Statement.

    I spoke w/ the NH DMV - Title Dept. who after researching for a few minutes, informed me that there was indeed a mileage discrepancy as the vehicle was Titled at approx. 125,000 miles in 2005. They informed me, however, that the vehicle was Title'd in 2012 at approx. 80,000 miles. I was instructed to contact the dealer and inquire about whether the Title was branded. I was also told that if the previous Title was not branded "True Mileage Unknown" then the dealer would need to contact the State and correct this discrepancy.

    I contacted the dealer who seemed to be surprised; he informed me that he would do some research and call me back in the next hour and 1/2 (24hrs later I have not received a return call). Whether this was intentional deception or accidental remains to be seen. I am inclined to believe this was an over-sight as odometer fraud is a Felony and I would assume that anyone with a dealer's license would be aware.

    Regardless of knowledge or intent, all of this clearly effects the worth of the vehicle. I based my decision regarding the purchase price based on the vehicle having 86,xxx miles. According to the door jam sticker, the replacement odometer was installed at zero miles. This leads me to believe that the vehicle has 212,000+ miles (original mileage of 126,xxx + current odometer reading of 86,xxx miles). On top of that, branding the title greatly depreciates a vehicle.


    Questions: How does this effect me as the buyer? What (if any) options am I entitled to? Will the current bill of sale and title transfer will be void after the dealer notifies the DMV of discrepancy?


    Additional information: I have not yet registered the vehicle.

    Any advice or input will be greatly appreciated!
  • 09-17-2013, 03:26 PM
    jk
    Re: Purchased a Vehicle W/ Odometer Discrepancy
    what is the model year of the vehicle?
  • 09-17-2013, 05:10 PM
    MikeHutch627
    Re: Purchased a Vehicle W/ Odometer Discrepancy
    The vehicle is a 1999.

    I am aware that the Odometer Discrepancy Statement applies to vehicle's which are less than 10 years old. In my research it had seemed that the discrepancy statement was possibly a must for any vehicle which had documented odometer replacement and when being sold by a dealer; though I have not found a definite answer to this either.
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