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  1. #1
    Join Date
    Feb 2015
    Posts
    9

    Default Reported Mileage Incorrect on a Used Car

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

    Hello all. New to the forum and hope to get some good advice on this issue.

    In late December we bought a Certified Used 2013 Toyota Highlander Limited with only 5037 miles. A beautiful vehicle that was truly almost brand new. We noticed the CarFax had the mileage listed at 10500K on the last service. We brought this to the Dealer's attention and wanted this fixed because we knew this could cause issues down the road. They promised to contact CarFax and straighten this out. Time goes by and the dealership has issues getting us our Tags for the car...then we have issues trying to extend the temporary tags yesterday.

    The Manager from the dealership called yesterday and said that they need to buy the car back. The DMV has issues with the car because of the mileage discrepancy and the dealership cannot sell the car as Certified, plus tons of other issues. They want to give all the money back and the one payment that we made on the car. They are also willing to sell us a 2013 Highlander Hybrid Limited that they just received (27500K miles) for the same price as what we paid. That would basically be a discount on the vehicle of around 3 to 4 thousand dollars.

    We are frustrated in the whole matter as we told them up front that this mileage discrepancy could cause some big issues but were assured this would not be a big deal and had assurance that we could buy the car in good faith. What recourse do we have in this issue? I do not want to buy the Hybrid they are trying to give us a deal on...it has 20K more miles. We basically had a brand new car for a good price. I know the dealership needs to make us "whole"...but what is "whole"? My wife and I both took time off from work to deal with the DMV at separate times, plus dealing with the frustration of trying to find a vehicle we liked. I do not want to take advantage of the dealership, but I also want to be treated fairly for all the trouble we are experiencing. Is it fair to demand a car "equal" to what we had...whether they bite the bullet and give us a newer car? I just don't feel that getting our money back is enough. I have a feeling the dealership is worried about getting into trouble over this whole thing. They are trying to quickly get this resolved.

    Your advice is greatly appreciated. Thank you!

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

    Default Re: Reported Mileage Incorrect on a Used Car

    If you insist on this vehicle, then you must buy it with an odometer discrepancy and work out the issue with the DMV. Whole is returning your money and taking back the car.

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

    Default Re: Reported Mileage Incorrect on a Used Car

    You can see if they'll sell you the car without certification. If I were you I would be very interested in the mileage discrepancy, as there's absolutely no reason somebody would monkey with an odometer to reduce the mileage by only @5,000 miles.

  4. #4
    Join Date
    Feb 2015
    Posts
    9

    Default Re: Reported Mileage Incorrect on a Used Car

    Quote Quoting Disagreeable
    View Post
    If you insist on this vehicle, then you must buy it with an odometer discrepancy and work out the issue with the DMV. Whole is returning your money and taking back the car.
    I figured making us whole was rescinding the contract and getting our money back. The manager insists he wants to make us happy, so I may come back with a greater discount on the Hybrid vehicle they have. I don't think we want to keep this vehicle as it is always going to have a mileage rollback on record and we always be in question if we decide to sell it.

    Thanks for your feedback...I appreciate it.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    You can see if they'll sell you the car without certification. If I were you I would be very interested in the mileage discrepancy, as there's absolutely no reason somebody would monkey with an odometer to reduce the mileage by only @5,000 miles.
    They said they will eventually sell the car without certification, but said it could take several months before they have everything straightened out. I agree that there is no reason for someone to mess with an odometer at 10K miles. The dealership believes the previous owner quoted a bad mileage at the DMV. I believe the previous owner transferred the car to another family member or something. The whole thing is very weird for sure. Thanks for your reply.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,661

    Default Re: Reported Mileage Incorrect on a Used Car

    If you can live with the mileage discrepancy, ask for a $3000 refund on the vehicle you already own. Also have them throw in preventive maintenance for the financing term or three years?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  6. #6
    Join Date
    Feb 2015
    Posts
    9

    Default Re: Reported Mileage Incorrect on a Used Car

    Quote Quoting Who'sThatGuy
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    If you can live with the mileage discrepancy, ask for a $3000 refund on the vehicle you already own. Also have them throw in preventive maintenance for the financing term or three years?
    The dealership says it could take six months for all of this to be cleared up with the DMV and the car be ready.

    We made a counter-offer on the Hybrid they are wanting to sell us...but the dealer is only willing to give our money back and then basically pay us $1000 extra to make us go away. The dealer laughed at our counter and said "you give a customer a little bit, and then they just want everything". The same people who told us when we questioned the mileage at the beginning, "I don't care if you buy the car or not, we will sell it". Only reason we bought it was because it was a decent deal and they were down the road from our house.

    My wife talked to the Attorney General's office today and they said if the dealer does not help us out, we can file a complaint. It would be in our best interest to settle with the dealer, but I don't know how willing they are. Toyota Corporate only sends us back to the dealer. The Used Car Manager told us last night "I am as far as you will go in this...no one else can help you". The General Manager is supposed to call us tomorrow when he is back from his trip.

    We are not asking for the world. Only a comparable vehicle with the same mileage at that price. My wife has MS and shopping and shopping for a car is stressful for her...as is dealing with these bozos.

    Because these guys have been such a-holes, we are prepared to go to war.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,924

    Default Re: Reported Mileage Incorrect on a Used Car

    Quote Quoting spaceace414
    View Post

    We are not asking for the world. Only a comparable vehicle with the same mileage at that price. My wife has MS and shopping and shopping for a car is stressful for her...as is dealing with these bozos.

    Because these guys have been such a-holes, we are prepared to go to war.
    I suggest you get your money back and go elsewhere and look for a vehicle.

    Your wife can stay home.

    Car dealers are liars and thieves and you aren't going to win this "war."

    Your satisfaction is that the dealer has to buy the car back. Dealers hate that. Take the money and run.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Reported Mileage Incorrect on a Used Car

    You are going to file a complaint that the dealer did not make you whole, when it is you who refused it. Somewhere in that you seem to think there is logic.

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