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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9333
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I am from Kansas and purchased a 'new' pickup truck from a

Customer Question

I am from Kansas and purchased a 'new' pickup truck from a new car dealership in Oklahoma. According to the paperwork I signed the odometer declaration document says the vehicle has 239 miles on it.
I was on my way home after a very long wait at the dealership and stopped to fuel the vehicle. I have made it a habit to record my mileage at every fuel stop, this is when I discovered the vehicle in fact has 2000 more miles than was recorded on the mileage declaration form.
When I realized this error I stopped and took a picture of the actual odometer reading. Upon contacting the dealership by phone simply "what do you expect me to do about it, if you think I am going to give you any money back, that's not going to happen " he also said "you should have looked your self.
I am not looking to get a truck for free, but buying what I thought was new and finding out it had 2000 more miles than what was said is not right. What are my rights here?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
Odometer fraud is actually a felony, in addition to having civil liability implications. The consumer, under Kansas law, actually may petition the court to declare the contract void; this results in the return of monies paid, the return of the vehicle, and also the court may award attorney fees and costs to the consumer: 50-648. Odometer fraud; purchase of motor vehicle voided; consumer remedies. (a) Any consumer who has purchased a motor vehicle from a supplier and who proves: (1) That any of the acts declared to be a violation of K.S.A. 2014 Supp. 21-5835, and amendments thereto, have taken place; and (2) that the mileage or use of the motor vehicle is materially different from that shown on the vehicle's odometer shall be entitled to a declaration from the court that the purchase of the motor vehicle is voidable at the consumer's request.(b) If the purchase of a motor vehicle is voided under subsection (a), the consumer shall recover the greater of the following but recovery shall not exceed the actual purchase price of the vehicle:(1) Purchase price before trade-in allowance less set off;(2) Purchase price before trade-in allowance plus verified repairs less set off; or(3) The civil penalties in K.S.A. 50-651, and amendments thereto.(c) The consumer may recover reasonable attorney fees, if the consumer prevails in an action against the supplier under this section. Under federal statute - 49USC 32710, the consumer may also be awarded treble damages, up to $1,500 (basically the difference in value of the vehicle as represented, and the value with the actual mileage)For more information please see:https://www.justice.gov/civil/case/federal-odometer-tampering-statutes and http://www.kslegislature.org/li_2014/b2013_14/statute/050_000_0000_chapter/050_006_0000_article/ Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.
Expert:  LegalGems replied 1 year ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly --- Rate Positively--- so the site credits me for assisting you.Thank you and take care!

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