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My husband and I just purchased a used subaru 2 days ago.

Customer Question
Hi, my husband and I...
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: 10 months ago.Category: Legal
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Answered in 49 minutes by:
1/4/2017
Lawyer: LegalEagle1, Attorney replied 10 months ago
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
Verified

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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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