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Do I have any recourse with a used truck from private party purchase? I can prove ODO fraud
Seattle, WA
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Posted 7 months ago in Lemon Law
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Bought a used truck Thursday for $2,100. Broke down 100 miles out of town this weekend. Wife got car-fax report showing that registered owner signed 170,000 miles at last emissions test in Aug 2008. Sold to me with 133k on odometer - Highly advertised with 133k miles. Do I have any recourse with odometer tampering? Should i be REQUIRED to get a Car-Fax report before buying a $2k truck? If it's just a bad truck, than that's my fault for not checking it out enough - But can I sue for odometer fraud? I have also NOT taken title yet. Haven't submitted the title - Truck needs at LEAST a new clutch - Would like to know my options. ODO law said $1,500 or 3x cost of repair - But is that repairing the vehicle? Or the ODO? I want my money back and be done with it - but I need to know "where I stand"
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Answers (2)
Peter Lawrence Maier
This attorney is licensed in Washington.
Posted 5 months ago.
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The Federal odometer law applies to sales by individuals as well as by dealers. But take a look at the odometer disclosure form the seller gave you: did the seller check box as 133k actual miles, or that the vehicle is exempt. Vehicles older than 10 years can be exempt.
If you've already paid the $2100, one option is Small Claims Court which in Washington State has a limit of $5,000. Information about how to use Small Claims Court is available on the King County court system website. Peter Maier Seattle, WA 
Ronald Lee Burdge
This attorney is licensed in Kentucky and 1 other state.
Posted 3 months ago.
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Peter is right about there being an apparent federal odometer law violation and that you can sue in small claims court. Of course, you can also get an attorney to do it for you if you want since the odometer law gives you the right to recover attorney fees too. You can talk to a local Consumer Law attorney who deals with this kind of case. Call your local attorney's Bar Association and ask for a referral to an attorney near you, or you can go to this web site page (http://ohiolemonlaw.com/locate-a-local-attorney.html) for a nation-wide listing of consumer lawyers and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please check the box below.
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