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Sold aa car to guy with as is bill of sale. afterwards he says he ran a carfax report and the milege is wrong.

Oklahoma City, OK |

I bought the car at a dealership for $850; they said they would have to mail me the title bc they didnt have it yet. Did a few repairs(replaced belts, fixed fuse for int lights, oil change, etc) and then put the car up for sale on craigslist. I met guy the next night and informed him that i did not have the title yet, but he wanted the car . that night he took posetsion of the car and we wrote out an as is bill of sale. A couple weeks later I received the title and made arrangements with him to meet at tag agency to sign over title(bc notary there). When we met up guy showed me a carfax report which showed milage in 2009 that was over what the current milage shows. He is now suing me for the sell price of the car to be returned.

also when we were at the tag agency the guy showed me a paper he wanted me to sign that had me puchasing the vehicle back from him. he wanted to continue to drive the vehicle and have me pay him back over a 6 month period. I refused to sign the document. Also the title from the dealership shows no milage.

Attorney Answers 1

  1. If you had no knowledge of the odometer roll back, then you should be successful in any lawsuit he brings. There is no "strict liability" for odometer discrepancies as used cars are typically sold "AS IS." He should have run the report before he bought the car, not after. On the other hand, if he is able to show that the dealer that sold you the car sold it to you with a higher odometer reading, you could be in trouble. That, of course, would mean that you fraudulently changed it.

    I think it is especially suspect that he wants to drive the car for 6 months while he has asked you to repay him. It sounds very possible that the Carfax report could have been faked and it is he that is scamming you, not the other way around. If he has filed a small claims action, let the judge sort it out. At the hearing, be sure to bring all your paperwork associated with the vehicle, including everything you received from the dealer who sold it to you.

    The answer given does not imply that an attorney-client relationship has been established. Your best course of action is to consult with an attorney by phone or personal meeting. Contact your local bar association for a referral.