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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Exclamation Odometer Discrepancy in Carfax, Dealer Says "No Refunds"

    My question involves a consumer law issue in the State of: New York

    SUMMARY:
    I purchased a 1999 SUV less than a month ago and CARFAX shows an extreme odometer discrepancy. Dealer now hangs-up on me and shouts "I tell you no refunds!"

    As most online reviews described the dealer, he was every bit as rude as described in-person. When I saw the word EXEMPT on the title's mileage, I regretted driving several hours. Exempt? Oh no. Well, I inspected the car and yep: the actual odometer clearly showed the mileage 88280 miles. And you can't find that year model with that mileage within $1000 of this price. I paid cash.

    He proceeded to check boxes on both the New York State Title and on the Retail Certificate of Sale that the odometer is correct. Thankfully leaving a clear paper trail.

    Both documents read exactly as follows:

    1. (Retail Certificate of Sale)
    __________________________________________________ ___________________
    ODOMETER DISCLOSURE STATEMENT
    Federal and state laws require that you state the mileage of the vehicle described on this certificate, when transferring ownership,. Failure to do so, or not telling the truth about the mileage may result in fines and/or imprisonment.
    The odometer on the vehicle described above has: [ ] 5 digits [X] 6 digits, not including tenths

    [x] I certify that, to the best of my knowledge, this odometer reading this odometer reading reflects the "ACTUAL MILEAGE" of the vehicle described above.
    [ ] I certify that, to the best of my knowledge, this odometer reading "EXCEEDS MECHANICAL LIMITS."
    [ ] I certify that, to the best of my knowledge, this odometer reading is "NOT THE ACTUAL MILEAGE." WARNING ODOMETER DISCREPANCY

    ODOMETER READING
    ____________________

    8 8 2 8 0
    ____________________
    (no tenths)
    __________________________________________________ ___________________

    .
    .


    2. (New York State Certificate of Title)
    __________________________________________________ ___________________
    FRONT OF TITLE:

    New or Used - USED
    Type of Title - VEHICLE
    Odometer reading - EXEMPT VEHICLE OVER 10 YEARS OLD
    Lienholder * NO LIENS RECORDED *
    __________________________________________________ ___________________
    BACK OF TITLE:

    SECTION I - Transfer by Owner

    ODOMETER DISCLOSURE STATEMENT
    Note: This vehicle cannot be registered or titled in the name of the new owner unless mileage is disclosed.

    ODOMETER READING
    ____________________

    8 8 2 8 0
    ____________________

    ODOMETER HAS SPACE FOR: (Check one)
    [ ] Five Digits, excluding tenths
    [x] Six Digits, excluding tenths

    Federal and State Law require that you state the mileage of the vehicle described on this certificate when transferring ownership. Failure to do so, or providing a false statement, may result in fines and/or imprisonment.

    I certify that, to the best of my knowledge, this odometer reading (check one):
    [x] 1. reflects the ACTUAL MILEAGE as seen on the odometer of the vehicle described on the front.
    [ ] 2. EXCEEDS MECHANICAL LIMITS (odometer started over at zero)
    [ ] 3. not the actual mileage. WARNING - ODOMETER DISCREPENCY.
    __________________________________________________ ___________________

    CONCLUSION:
    The Carfax shows this car had over 150,000 miles back in 2007.
    Separate issue, my mechanic found the transmission has no 4th gear and "smells like death." Not something you'd find in an 80,000 mile car. While the printed warranty covers "30 days or 1,000 miles for motor or transmission only," but I don't wish to pursue a new/fixed transmission instead of a refund. My legal representation may mention that element if/when in court.
    I have a relative who's represented me before for free. He is mad at me for directly ignoring his advice to get a 100k mile Camry/Corolla locally: I regret wanting something larger and safer. The law however is the law. While I feel protected since I hold this much evidence (and the dealer may face jail time), I humbly request this forum's expertise.

    Sincerely,
    Justin

    P.S.
    My relative has referred me to an attorney who is his friend and is a stickler for details. I'm bringing him every document I have, plus, screenshots of all webpages since the dealer still has my car for sale on their site with the same false mileage at that low price. I need to be prepared because this guy is hard-nosed and I've been warned to give him straight answers.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: "I TELL U NO REFUNDS!" Dealer hangs-up Says Carfax is the Devil? Odometer off by

    I am curious ... can you show that the dealer KNEW the mileage was greater than the 88,280? Note that the document states that the signer must agree that the best of his knowledge it was as indicated. Proving he did not know may be a problem.

    Whether your state allows for a refund even with an alleged good faith sale, I cannot say. But, you might not want to discuss the possibility of the dealer facing any jail time unless you have some hard evidence to show that he turned back the odometer or knowingly and intentionally lied on the documents.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: "I TELL U NO REFUNDS!" Dealer hangs-up Says Carfax is the Devil? Odometer off by

    If you can prove that the odometer is off by tens of thousands of miles, even if the dealer claims to have acted in good faith you have a plausible argument for rescission (undoing the contract) on the basis of a mutual mistake of material fact.

  4. #4
    Join Date
    Dec 2011
    Posts
    2

    Default Re: "I TELL U NO REFUNDS!" Dealer hangs-up Says Carfax is the Devil? Odometer off by

    Thank you Aaron for clarifying and providing a thorough explanation on what a possible case for rescission would center-around.

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