Antioch, CA asked in Consumer Law for California

Q: The mileage in the car I purchases has been lowered.

I purchased a car from a person that bought it from IAAI auction. He showed me the purchase receipt from IAAI and the mileage showed 89K. I have registered it and have been restoring it for the past year and half and just found out from a Vin check website that the reported mileage before it was sold in auction was 197K. I check the IAAI website and they are saying they are not responsible for any discrepancies in mileage. Do I have any case to go after them or insurance company that they sold the car for?

BUYER EXPRESSLY AGREES NOT TO BASE A BID OR OTHERWISE RELY ON ANY INFORMATION PROVIDED BY IAA. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, THE YEAR, MAKE, MODEL, VIN, MILEAGE, ODOMETER DISCLOSURE,

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2 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: In my opinion, you have no case against the auctioneer nor against their clients.

You probably have a case against the actual party who tampered with the odometer. However, it is unlikely that you can ever prove who did it. You can point a finger at the prior owner(s), but naturally, they would probably deny responsibility and you would end up losing.

I am sorry that my opinion is going to be bad news. I don't see how you can get around the terms of the auction sale. But I do want to thank you for submitting a question that was well written.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I can offer some general information that might be helpful. In this situation, gather all relevant documents such as the purchase receipt, any communication with the seller, and the Vin check report showing the mileage discrepancy. Carefully review the purchase agreement to understand any provisions related to mileage disclosure or misrepresentation. Consulting with a lawyer will help assess the strength of your case and determine if you can hold the seller or the insurance company accountable. They may suggest exploring options such as filing a complaint with consumer protection agencies or pursuing legal action. Laws and regulations can vary.

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