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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My husband and I just purchased a used subaru 2 days ago.

Customer Question

Hi, my husband and I just purchased a used subaru 2 days ago. The dealer lied about the mileage and we didn't notice it was wrong (because it had some battery issues we were told about so didn't realize what that number was). They left it off sales contract but put EXEMPT on the vehicle application for utah title. The owner and sales person said the mileage verbally was 120k multiple times when in fact it's 164,578. We just noticed today 2 days later and want to return car. They won't work with us and are generally just being shady. Wondering what else is wrong with car that we don't know about. Do we have a case or are we just screwed?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: Has anything been filed or reported?
Customer: i filed a report at bbb and another federal government site. but not sure where else to go
JA: Anything else you want the lawyer to know before I connect you?
Customer: we wrote a check and it already cleared. i tried to do a stop payment but i was too late ok thx
Submitted: 4 months ago.
Category: Legal
Expert:  LegalEagle1 replied 4 months ago.

Hello and welcome to JustAnswer. I would like to assist you with your question today.

If the dealership knowing misrepresented the condition of the vehicle you may very well have a claim for fraud. Unfortunately if the dealership is refusing to allow you to return the vehicle and rescind the transaction your next option is to pursue a claim for fraud. To do so you will need to file a civil action court. If you sue them in small claims court you can sue the the dealership to recover up to $10,000. If i the amount is greater you would have pursue the claim in another court, such as the District Court.

I strongly suggest you consult directly with a local attorney. If you pursue an action for consumer fraud you may be entitled to recover attorney fees and cost.

Please let me know if you need additional information.