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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32764
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am currently experiencing a fraud situation with Auto Nation.

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I am currently experiencing a fraud situation with Auto Nation. This includes an incorrect odometer reading on the title as compared to what the actual mileage is on the car (5,000 additional mileage than I agreed to at the time of purchase which voided the manufacturer warranty) this is just one issue of several. Since the title/car originated in Georgia and I took possesion in Colorado, does this constitute Interstate Fraud? I have kept meticulous records and photos during this fiasco.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Can you explain exactly how the sale process took place? You don't have to go into great detail, just the general facts and how the two states are connected to the facts.

Customer:

I selected a specific car online and dealt with Auto Nation located in Florida. The documents I signed were done with a local notary they sent to me. I signed the documents and paid for the car via cashiers check. When I picked up the car the car at Avis the mileage was incorrect and there was damage as well. Had they disclosed the mileage and damage to me prior to the sale I would never have agreed to the purchase this car

JD 1992 :

If everything was done in FL it would be very, very difficult to establish interstate fraud.

JD 1992 :

Just because the car originated in GA wouldn't do it.

JD 1992 :

It is possible that the development of additional facts could make the interstate portion apply, but nothing in the facts given so far would create the required nexus.

Customer:

I am in Colorado and I sent an interest in the car from here. The Florida Auto Nation office contacted me. Even with the mileage discrepancy they have encouraged me to do the title transfer. The title states that the mileage on the title is accurate which it isn't. They advertised and told me they do a Comprehensive 25 point inspection on these cars and clearly if they had they would have found all the issues. I have asked for a copy of the inspection that was done prior to the purchase of the car from both Auto Nation and Avis. I have been told they will forward that to me but so fa, nothing.

JD 1992 :

So you were contacted while you were in CO from the FL office?

Customer:

Yes

JD 1992 :

And while you were in CO and they were in FL they misrepresented the mileage?

Customer:

Yes

Customer:

and the condition of the vehicle

JD 1992 :

Do you believe it was an intentional misrepresentation?In other words, they knew they were committing fraud?

Customer:

Yes. They were trying to unload a substandard car as quickly as possible.

JD 1992 :

Under those facts then it would meet the definitions of interstate fraud.

Customer:

Do you recommend I contact an attorney in Colorado to get this resolved?

JD 1992 :

Yes, there's an issue as to whether CO or FL would be the appropriate venue, but I think you have an argument for CO. Is Auto Nation a national company?

Customer:

Yes, they are nationwide and a sales broker for Avis

JD 1992 :

I think you have a good argument for keeping it in CO so hire a local one.

Customer:

Great, thank you, XXXXX XXXXX really helpful.

JD 1992 :

You're very welcome. Anything else I can assist with before I exit to help others?

Customer:

No but thank you again

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

Customer:

You got it!

Dwayne B. and other Consumer Protection Law Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.