How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33084
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I have been put in a financial situation and i want to know

Customer Question

Hello ! My name is***** have been put in a financial situation and i want to know what i can do. I want to know what I can do. I purchased an 05 Mustang over a year ago. I spun out in the snow, so I went to trade it in for a truck for safety precautions. They barely offered me anything for the Mustang because they said that the odometer has previously showed a higher mileage. At the time it was about 45k miles. In the maintenance history it had shown 67k miles. I tried to contact the dealership who sold me the Mustang and they said that they were not responsible. I called the Repair shop that had serviced the vehicle and this shop listed the mileage at 67k. They could not help me. Now, (8 months later) I am finding out that this is technically fraud, and I feel that maybe I wouldn’t be in so much debt had the odometer never been tampered with. (Because the dealership where I traded in the Mustang for the truck, said that they were offering me less for the vehicle because this was tempered with) I think it is unjustified that the truck dealership then list the Mustang for sale at 45k miles. But they offered me less because they had accused the vehicle of having 67+k miles. I also wonder that if the Mustang odometer hadn’t been tampered with, I wouldn’t have bought it, hence I wouldn’t have gotten into the car accident that costed money, and ever since I am TERRIFIED to drive. Period. I drive under the speed limit. I’m scared to drive in the rain! Also i would not have bought the truck, and gained so much huge negative equity had i not been in the accident! I’m not hungry for money nor am I trying to unfairly profit. I would just like to know if I can take action, what I would need. Does it matter that I don’t own the Mustang anymore? I have / can have all documents. This major debt has pushed back family retirement and its hardened our financial "cushion" i bought the truck that day because i didnt want to drive that mustang another inch. Thank you for your time.
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Is there a specific question with which I could assist?

Customer: replied 7 months ago.
Can I Sue? Can I make my financial situation better? What was done to me was Illegal.
Expert:  Dwayne B. replied 7 months ago.

When did you buy the Mustang?

Customer: replied 7 months ago.
Last year
Expert:  Dwayne B. replied 7 months ago.

Your question "Can I sue?" is a pretty general one and you may have more after I answer it so be sure and ask them in this thread.

Then you are within the statute of limitations so you can sue. Your issue then becomes whether you want to try and do it yourself or hire a lawyer. Since it is a corporation on the other side (likely) then they are going to have an attorney and you will put yourself at a disadvantage if you don't have one as well.

It will be a breach of contract and possibly breach of warranty case as well as fraud so you can recover your damages plus your attorney's fees and maybe some type of punitive damages although you never count on those.

In Ohio the small claims court limit is $3000, and it sounds like you have more damages than this so you would have to sue in a court with more formal rules and where it is much more difficult.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 7 months ago.
Thanks. I would like to know A Lawyer's honest input, On whether or not this would be a case worth pursuing.
Expert:  Dwayne B. replied 7 months ago.

It would be worth pursuing if you can prove who tampered with the odometer. <ost used car cases aren't worth hiring a lawyer and going through the hassle but in the case of a tampered odometer the judge and/or jury can easily understand the issue and why it is a problem so that takes a lot of the pressure off of your case. However, your issue is proving how it was tampered with and who did it.

If you can prove who did it then you have a good case.

Customer: replied 7 months ago.
Thanks last question(s). I can show paperwork that shows its maintenance history. It shows on a specific date that a specific lube stop performed on the car and it left with 67k. Before that it had 37k. I can prove who and where. Can I sue for the emotional distress? Can I sue for my family going through stress? The debt has pushed back retirement plans by a long shot. I plan on consulting a lawyer in person. I just want to know. Is it realistic to SUE for the balance of the loan? Stress? And retirement funds? Thanks! Those are my final questions.
Expert:  Dwayne B. replied 7 months ago.

It's extremely hard to get a cause of action on this case that gives you emotional distress. Possible, but hard.

It's much easier to sue for monetary damages and then if you can sue for fraud that will get you extra money.

Judges and juries don't award much money for emotional distress without an injury. It rarely happens and you can actually devalue the rest of your case by asking for it when it's unlikely you're going to get it.

If you hire a lawyer talk it over with them and see what they think. Every judge is different plus the local juries may be better or worse.