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    MsTupper24's Avatar
    MsTupper24 Posts: 3, Reputation: 1
    New Member
     
    #1

    Feb 17, 2006, 04:35 PM
    Seller of vehicle lied!
    I need a bit of advice and was wondering if anyone else has ever had this happen to them. My husband, very eager to find an older Nissan Pathfinder in decent shape, with decent milage. Well, he thought he found one, we drove 3 1/2 hours one way in a horrible snowstorm to look at the vehicle. Before leaving, we asked what if anything was wrong with the Pathfinder. The owner stated that there was nothing wrong with it at all. So, we took the trip, trusting the owner. As soon as we arrived, she says, "Oh, by the way, the speedometer just quite working on Friday on my way home from work. I think it is the speed sensor or something like that. Since we were gone all w/e, we haven't had a chance for someone to look at it. You can take it out for a test drive. I do know that the tachometer reads about 2500 rpms at 65 mph." My husband, eager to drive it, jumps in, drives around and loves it. Granted it does run great and it is pretty much fully loaded. Skeptical as usual, I start searching glove departments looking for any info. Pertaining to the vehicle. I found her registration in the glove box that said she bought it on Jan. of 2005, well it is now Feb. 2006. I pointed the date and the mileage out to my husband as we pulled back into the drive of the owner's home, they met us at the vehicle. Of course, my husband paid little attention to what I was trying to show him. He talked to them, they came down $200 on the price, in order to help with the price to get it fixed. After we arrive home, I pulled out the title and her old registration and noticed that it said the same mileage on both. Which means the speedometer/odometer has not worked since SHE bought it clear back over a year ago.

    I phoned her, asking her to be honest with me about how many miles were really on the vehicle and how long the speedometer/odometer has not been working. She said, "It quite on Friday just before you all came up here." I made her aware of everything that I came to find out. She stated. "Well, it has been parked at our dealership since Oct. trying to be sold. I brought it home Friday for you guys to see it and it quite working on the way home." She had also told me that he bought it 2 to 3 years ago. When questioned about that, she said, "Oh no I meant that I have have 2 or 3 in the last 2 to 3 years." YET another lie!

    Of course knowing that we have already been screwed, I took the vehicle in to get it fixed. Mechanic tells me today, that an old sensor from a junk yard has already been tried before we bought it and that was not the problem. According to the title history, the odometer worked when she bought it. She signed the back of the title stating that the mileage was true to the best of her knowledge.

    SO, on to the question... sorry for the long details... Do you think we could have a suit against her?? I just despise people who have to lie to sell something and then still can't be honest with you after they were busted!!

    HELP!
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #2

    Feb 17, 2006, 05:11 PM
    I am sorry to say this, but I don't think you have a case.

    Why didn't you get a mechanic to check the car over once before buying it?

    You said,
    “She signed the back of the title stating that the mileage was true to the best of her knowledge.”

    So, unless you can prove that to the best of her knowledge she knew it wasn't, odds are you don't have a case.

    You can try, but if you do, I recommend small claims court, so you don't waste money on a lawyer (just like 50 bucks to file)

    Overall though, I think your case is weak.

    And remember, next time, have the car checked out before buying it. The fact you noticed the speedometer/odometer had not worked since she bought the car, should have been a RED FLAG to NOT buy the car until you had it checked out by a mechanic.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
    Expert
     
    #3

    Feb 17, 2006, 07:44 PM
    Sorry, no you noticed issues before the sell but did not check on them.
    You did not have a mechanic check the vechile before you bought it.
    You knew at the time of purchance the speedometer did not work,

    Depending on the state ( and I am not up on them well) if she lied about the milage when she sold the car to you ( if she said that the milage on the car was the actual as of then) But you would have to have the car mechanic testify ( and that is not as easy as it sounds to get them to do that * plus you would have to pay them for all of their court appearances, if they show up and it is continued and continued in court.

    Giving false miilage at the time of sale may be grounds to get the sale made invalid. Taken more seriously in some states more than others.

    But of course their defense will be exactly what they have said, They could easy say that yes they had speedometer trouble before, but it stated working and then just stopped working again right before you bought it.

    My overall thought, it would cost you more money to try to make her take it back than it would to fix almost any issues with the speedometer.

    When you are buying a new car, only buy one after (AFTER) it is checked over carefully by a certified mechanic of your choice.
    MsTupper24's Avatar
    MsTupper24 Posts: 3, Reputation: 1
    New Member
     
    #4

    Feb 18, 2006, 08:22 AM
    We can prove that the speedometer/ odometer was not working way before the date that we bought it. When we pulled up the title history, it states that the day she bought it, on Jan, 20, 2005, the mileage was exactly the same as the date we bought it, Feb. 21st, 2006. Since she signed the back on the title stating that the mileage was correct, there is no way that it is correct because she drove it back and forth to work from Jan. to Oct. and one way is 40 miles. I know we would easily be able to prove that the odometer/speedometer did not work for that entire period. It states on the back on the title "I certify to the best of my knowledge that the odometer now reads 116,558 no tenths miles and is the actual mileage of the vehicle unless one of the following stsatements is checked. ___ The mileage is in excess of the mechanical limits. ___ The odometer reading is not the actual mileage. WARNING - ODOMETER DISCREPANCY." Neither of those boxes were checked and she signed right below it.

    As for having the mechanic check it out before my husband purchased it, we were 3 1/2 hours away from home, so therefore that was a little impossible to do so.

    I wouldn't be shocked if maybe we are still at a loss with this, but I thought maybe someone else may have ran into this situation and could shed some light our way.

    Thank you!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #5

    Feb 18, 2006, 10:34 AM
    Hello Ms. Tupper:

    Couple things. Some states only require dealers to certify a car's mileage. If your state is one, even if she signed on that spot, it won't matter. Check with your DMV. (Good luck with that).

    Second thing is, even if you can prove she lied, you need to bring a case up before someone who can do something about it. That's probably going to be a small claims judge in the county where THEY live.

    Even if you go through all that trouble and expense (which I gather you won't, because people who buy old cars don't have a lot of spare cash laying around), you may very well lose. Used cars are sold in "as in" condition. That means, when you drive off, you drive off for good.

    excon
    devilmec's Avatar
    devilmec Posts: 5, Reputation: 1
    New Member
     
    #6

    Feb 21, 2006, 05:19 PM
    Mama
    You really got to look at what you wanted and what you got.
    I udnrstand that woman is a lier and she sucks
    But honestly your husband would have paid the same for and older pathfinder if the odometer read 125000 or 175000
    But if it's a 1995 or above I believe it is the odometer runs through the computer
    You can take it to a nissan dealer and they will plug there computers in to it and tell you how menny miles it has on it digitaly

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