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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default DMV Checked Off Actual Mileage but It Wasn't Actual

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

    I bought a car from an auto auction and the car's odometer showed about 90,000 miles. I didn't realize it but the title showed that the mileage was not the actual mileage. When I titled the car, the MVA made a mistake and checked on the title that the car had actual mileage. Note that I did not check this off -- the MVA checked it off. I later sold the car as-is to a small dealer, who then sold the car to someone else. When the records were cross-checked, they found out that the car actually had about 220,000 miles on it. When I sold the car to the dealer, I hadn't checked off that it was actual mileage, but this was simply a coincidence -- I thought it was actual mileage. Now the dealer has contacted me and wants me to buy the car back from him because the mileage is not actual. Apparently, he sold the car to someone else who then demanded he buy it back from them. So if the MVA (not me) has made the mistake of checking off actual mileage, which has been confirmed by actual documentation retrieved from the MVA, what are my options now? Will I be forced to buy the car back from the dealer? What legal options are before me and where would I stand if this thing goes to court? Thanks!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: DMV Checked Off Actual Mileage but It Wasn't Actual

    What did the odometer statement you received, when you bought the vehicle, say? If it said the mileage was under 90k, you did not have knowledge of the discrepancy and committed no crime. If you received a statement saying it was in excess and you failed to disclose this, you committed fraud by giving another statement, to the contrary.

    http://www.mva.maryland.gov/Resources/VR-197.pdf

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: DMV Checked Off Actual Mileage but It Wasn't Actual

    You presented a title to the dealer with false information, and he relied upon that information when making the deal. He is entitled to rescind the deal, even if your misrepresentation was accidental, because you did not convey to him what you represented that you were selling to him.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: DMV Checked Off Actual Mileage but It Wasn't Actual

    I think the dealer can force you to either take the car back of pay for the difference in value , which may be the entire car's sale amount.

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