I just purchased a car from a private party that was placed for sale on Craigslist reflecting low mileage. After test driving the car, I purchased it. Only to discover when I got home, the odometer had not moved.
The previous owner (seller) has had the car since it was new. No disclosure of this information was made to me during our discussion/transaction. The car is over 10 years old, so no notation was made on the title at the time of sale.
What are my options? Is it not some form of fraud in advertising a car that the seller should be fully aware is not accurate?
Please advise. Thanks!
Answer
Yes, it is fraud. The owner must have known about the defect and did not tell you about it. You can sue him for fraud and get damages equal to the difference in value between a car with low mileage and one with high mileage. Of course, you do not know what the mileage is, so you would probably need to hire a mechanic to testify as to his expert opinion of approximate mileage, based on wear on engine parts, etc.
If you want $10,000 or less, you can file in small claims court. See http://www.osbar.org/public/legalinfo/1061_SmallClaims.htm
You could also sue him to rescind the deal and get back your money, but that would have to be in regular court.
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