Englewood, FL asked in Contracts for Florida

Q: I bought a car from a guy in NC overt the internet. He quoted 100K miles and when it showed up, it had 163K. Can I sue?

The bill of sale that he sent to my lender said 116K miles. The "original" he sent me was changed to say 163K. What can I do?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Sure you can. But the judge will probably laugh at you for being so foolish. And when you get a judgment, good luck collecting it.

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Yes, because he sold you a vehicle with lesser value than what you were expecting, based on your agreement. The first step would be to submit a written demand, either from yourself or from an attorney, demanding either cancellation of the deal or a partial refund equal to the difference in value between that type of vehicle with the lower mileage and that type of vehicle with the higher mileage (or giving both options in the alternative). Determine that difference in value by researching the values on vehicle valuation websites, such as kbb.com (Kelley Blue Book).

You may sue in the jurisdiction of where you entered into/signed the agreement or where the seller is located (unless your agreement states otherwise). If you sue in Fla. and obtain a Fla. judgment, and the seller refuses to pay, you would have to go through red tape in N.C. to domesticate the judgment there in order to attempt to put a lien on, or go after, his assets. Obviously, the ability to collect on a potential judgment should be analyzed before spending your time and $$ on a case.

Finally, law enforcement authorities might (or might not) consider the seller's conduct to rise to the level of criminal fraud. If they do, criminal charges may be pressed, and prosecutors could conceivably seek restitution (money) for you. Do NOT, however, threaten to press criminal charges - that can get you into serious trouble.

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