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.
Did you ask the seller why there is a discrepancy? Is there an actual discrepancy with the odometer or just between the selling papers?
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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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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you