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Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a claim be made against a used car dealer for selling a

Customer Question

Can a claim be made against a used car dealer for selling a car with a rollback on the odometer three years prior?
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Roger replied 2 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 2 months ago.

Whether or not you have recourse against a used car dealer regarding an odometer issue depends on whether the dealer knew about the issue and failed to disclose it.

Expert:  Roger replied 2 months ago.

If you can't prove that the dealer knew of the issue, then it would be unlikely that any recovery would be available against the dealer.

Customer: replied 2 months ago.
The paperwork states one thing and doesnt mention any changes. They also claimed no accidents, this too is false.
Expert:  Roger replied 2 months ago.
Ok. Thanks.If tou can prove that the dealership knew of these issues and failed to disclose them to you, then you should have a claim against the seller for intentional or negligent misrepresentation.
Customer: replied 2 months ago.
How can you 'prove' what someone knows or doesn't. All they have to state is that they didn't know.
But if they knew, what kind of case would we have?
Expert:  Roger replied 2 months ago.

You'd have to sue and subpoena the dealership's files on this vehicle to see if there is any information in the paperwork that indicates issues with the odometer or accident history. IF so, you would have a claim. If not, it would be tough to prove they knew or should have known something like this.

Expert:  Roger replied 2 months ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Customer: replied 2 months ago.
If you cant connect me to a consumer advocate who can help me get this done, then I need nothing else from you. Thanks. Collect your payment. I'll keep digging.
Expert:  Roger replied 2 months ago.

The only agency I can think of that could assist would be the consumer fraud division of your state's attorney general's office. You could certainly start there, and their investigators can advise you on how to proceed after reviewing all relevant information.

Customer: replied 2 months ago.
Thanks
Expert:  Roger replied 2 months ago.

No problem and good luck with this.

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