So, I bought this car six months ago but just acquired the title last week after I made final payment (this was a verbal agreement private sale). I decided to sell the car immediately for financial reasons. I sold the car but was not aware that the odometer was incorrect until the buyer called me up four days later and said that she ran a carfax report and the car actually had 200,000 more miles. I had previously ran a vehicle history report before I purchased the car six months ago and on that report, the odometer reading was the same as the report. So, I thought it was legit. Now, the buyer wants her money back. I cannot afford to give her the money back because I already used it... I had bills to pay. She tells me that the car is worth only half of what she paid, but I looked up the KBB and the book value is actually only $1000 less than what she paid me. I told her I want to work with her since I did not know about this and I feel it's morally right, but she's insisting that I take the car back and give her the money back. I cannot afford to take the car back as I have used the money. I am afraid that she will take me to court.

So let's see if I got this right... you ran a report that came back with the same mileage that was on the odometer when you bought the car, right?

She bought the car and then says she got a report that shows 200,000 MORE miles on it than what you thought?

Something doesn't sound right here. Have you seen her report that she claims to have? Have you done something with the miles that you're not telling us about?

It doesn't make sense to me that you would have a report that matches the odometer and she has one that claims 200k extra miles.

... my report came from Vehicle History Report. She got hers from Carfax. Yes, they both conflicting. I did see her Carfax report but I also know what my Vehicle History report says too. I double checked my report today and it says the mileage is the same as the odometer. But Carfax report also.says it may be a clerical error.

Normally, this wouldn't matter since a private sale is normally As Is. However, there are laws in some states about falsifying mileage. So ANY question on law needs to include your general locale as laws vary by area.

So where did you do a history from and have you tried getting a Carfax yourself and verifying what she is saying? She lied about the book value so maybe she is lying about this.

She gave me her log in to her Carfax and I saw what she said. I got my report from Vehicle History Report. And NO I did not alter the miles!

If they essentially bought the car "as is," you are under no legal obligation to refund their money as they are now the owners of this car unless you want to do this.. they should have had the car looked at by a mechanic BEFORE the purchase of the car and then decided if they wished to purchase it or not... the onus is on the buyer in this case to check it out thoroughly before buying..
So, do what you can in this case.. the buyer can't live off what a carfax says anyway...
Hope that helped..

Oh! And Carfax doesn't ALWAYS have the right information..
I know this from experience... get the history from another source if you can...

... @whatnow-sa... I got mines from Vehicle History Report... she got hers from Carfax... so which one should I believe? The car was "sold-as-is".

Again, there are laws about odometer tampering that may affect the AsIs nature of the sale. Without knowing where you are we can't tell your exposure.

Do you still have a copy of your report? How old is the car? Has it had multiple owners?

I would believe what your report says since it does actually match the odometer. Carfax could be wrong. Yours could be wrong but, considering it matches the odometer, I would be more inclined to believe that one.

With the car being sold as-is, you're no longer liable for it in any way, shape or form...
Though, I'd go with your report just because the miles read the same...

... @ScottGem... I live in Virginia... I do have an internet copy of my report... car is 9 years old and yes, it has had multiple owners.

with the car being sold as-is, you're no longer liable for it in any way, shape or form...
though, I'd go with your report just because the miles read the same...

This may not necessarily be true. As I said there are laws about odometer tampering. We need to know where the OP is to know what laws cover.

Buyer should have done any checking first. I believe it is as is where is as long as you wernt? Lying.
If you provided a copy of your history check, that should ease her mind, on why you can't refund her.
Did the car develop a problem?
If the odometer is not moving, it may be broke or disconnected? Speedometer work?

@ScottGem... if the odometer has been tampered, it was done before I bought the car. I didn't have a clue.

@Stratmando... I did provide her my Vehicle History Report and she still was not happy. The odometer was working the last time I checked because I got frequent oil changes. She made no mention of a developing problem. The speedometer worked the last time I had it too. I drove it up until the day it was sold.

@ScottGem...if the odometer has been tampered, it was done before I bought the car. I didn't have a clue.

I'm not saying you did. But since you refuse to let us know where you are, we can't tell you what laws apply. So consult a local lawyer in case she does sue.

If you want help then give us info we can help you with. Otherwise good luck.

[email protected] live in Virginia...I do have an internet copy of my report...car is 9 years old and yes, it has had multiple owners.

Scott, you might have missed it but he did finally say Virginia.

Me? I would tell her to take a hike. If your report actually matches the odometer, then you are probably OK.

@ScottGem.. I'm sorry, I thought I mentioned in a previous post that I live on Virginia...

@ScottGem ..I'm sorry, I thought I mentioned in a previous post that I live on Virginia...

Sorry I did miss it.

This may help: Commonwealth of Virginia Department of Motor Vehicles (http://www.dmv.state.va.us/webdoc/citizen/vehicles/titling.asp)

Also this: Consumer complaints about Carfax - Inaccuracies (http://www.consumeraffairs.com/automotive/carfax_inacc.html)

On the bill of sale, you did certify that the mileage was correct. On the other hand, based on on what you knew you should be in the clear.

How much was the mileage? A 9 yr old car might be expected to have significant mileage.

Point is, YOUR report wasn't altered. Right? Right...
& the odometer matches...
Carfax wasn't accurate.. case closed... :/
Logically, it all adds up.. there's just nothing she can do..

You made several errors, first never sell a call without a written bill of sale, always make it show as is. It is their duty to research it first.

If they try to sue, just take your report to court to prove your point, Don't even discuss it with them further.

.. case closed... :. there's just nothing she can do..

Wrong again. She may not be able to win a suit, but the case is not yet closed because she CAN file suit.

... I absolutely did not alter the vehicle history report... I wouldn't even know how to do that. Mileage on odometer was 82,000. Got the written bill of sale form off the VA DMV website which if I recall, does not state 'as-is' but doesn't state otherwise either. As a female, I explained to her that the car is being sold 'as-is' because I didn't know much about cars.

if they essentially bought the car "as is," you are under no legal obligation to refund their moneyHello w:

What you say is true, UNLESS there was fraud alleged, and that's exactly what the buyer is saying...

excon

... thank you for all your replies... I have just been so stressed about this and didn't know what to do. Thank you all.

I found out that she had not gotten the car registered in her name yet, it was still in my name as of today. I had to go to DMV and get it unregistered out of my name. She has been telling me that she wants to work with me and if she doesn't hear back from me later today, she has other recourse. She said she has talked with private investigator, an attorney, and other government agencies and she will take action. She said that although I may not have gotten the odometer "rolled back", it's a fraud to SELL a car that has had it's odometer "rolled back". I kept reassuring her that I did not know but she won't accept that. I only sold it because I needed the money. If her report is correct, then I really feel bad that this has happened. But if this is the case, I feel like I've been victimized too by the guy who sold me the car. I did not profit from this car (I actually lost money selling it) and feel as if I should just give her back some of her money because I really feel bad that this has happened to the both of us. I don't know what to do. Plus, I just want this all to go away.

I don't know what to do. Plus, I just want this all to go away.Hello m:

Life would be great without all its bumps and bruises... But...

You got good advice... Don't talk to her. Let her do what she wants to do..

In the FIRST place, you're not a professional seller, so even if she complains to the state authorities/cops, they're NOT going to do anything about it... Secondarily, you have a piece of paper that is just as valid as hers. Thirdly, the MOST she can do is SUE you in small claims court for her money... It ain't no big deal if she does... You go. You show the judge YOUR paper, and she'll show the judge HER paper and the judge will decided if you cheated her. If so, you pay the money back...

But, you DIDN'T cheat her, and no judge will find that you did. Go stick up for yourself, and don't worry. A lot worse stuff could happen.

excon

Listen to excon... that is excellent advice.

She is most likely bluffing anyway and if she's not... oh well. Your paper backs you up so it shows you weren't attempting any kind of fraud.