I had bought a car from a buy here pay here BHPH.

Asked over 1 year ago - Tyrone, PA

And I was looking through all the documents, the lady whom I dealt with and sold me the car has typed onto a paper like the vin,date I bought it and miles etc. On one paper it says 81,029 miles. I had to sign as well she did. On another paper she had typed in the miles were 81,119. That is a 90 miles difference. Is this a breach of contract? Fraud? I don't know what you would consider this.
Please all help and info would be appreciated

Attorney answers (4)

  1. Joseph A Mullaney III

    Contributor Level 12

    4

    Lawyers agree

    Answered . Did you ask the seller why there is a discrepancy? Is there an actual discrepancy with the odometer or just between the selling papers?

    Disclaimer: Nothing stated herein is legal advice. For legal advice, consult an attorney; I am not your attorney... more
  2. Robert C. Keller

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is insufficient information supplied to render an opinion. It is suggested that you bring all the paper work to an attorney for review to determine if there was something improper about the sale. The attorney will be able to advise whether to seek a remedy in civil court or criminal court.

  3. Scott Richard Kaufman

    Contributor Level 20

    2

    Lawyers agree

    Answered . Being that the number (90 miles) is so insignificant, why are you asking this question?

  4. Ronald Lee Burdge

    Contributor Level 20

    Answered . The first question is what are the pieces of paper you are talking about? No matter the answer though, I wouldn't consider it a breach of contract so much as a stupid mistake by someone perhaps. Unless it matters, I wouldn't worry about it, as a practical matter. But, legally, is it a breach of contract? Technically, perhaps, since it is part of the warranty of description that the seller is giving, but that can depend on what you saw on the vehicle itself and which number you saw or thought at the time was the correct number on the actual vehicle. But regardless of that, a breach of contract in most states requires that you also be able to prove damages and 90 miles does not make a lot of damages to argue about. Forget about the different pieces of paper. Look at the title you have. What does that number say and was it right or wrong when you got the vehicle, that's what matters. If it says the lower number but the higher number is what was actually on the vehicle at delivery, then you could have a claim for violation of your state or federal odometer law, but it may not be worth pursuing and the amount of your damages, if any, will be disputed. The federal law requires that you be able to prove fraud (not just a mistake on the numbers) and you need to talk to a local car sales fraud lawyer on what your state odometer law may require. You need to talk to a local Car Sales Fraud Lawyer near you. For a Free Online 50 State National List of Consumer Law Lawyers, click on the link below 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). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com

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