Q: Hello I just recently purchased a used bmw recentlty and think it’s been tampered with
The description said 80k and on the odometer it says 79,185. However I checked the vin on all data and the last emission inspection was done in 8/10/2022 and it had 260,681 miles. On the gauge cluster there is a dot that is on representing that it has been tampered with. What can I do?
A:
Under California law, it is illegal for a seller to tamper with or roll back the odometer on a vehicle. This practice is known as odometer fraud and is prohibited by both state and federal laws, including the California Vehicle Code and the Federal Odometer Act.
If you suspect that the odometer has been tampered with, you have several options:
1. Contact the seller and request an explanation for the discrepancy in the mileage. If the seller is not cooperative or fails to provide a satisfactory explanation, proceed with the following steps.
2. File a complaint with the California Department of Motor Vehicles (DMV) Investigations Division. They investigate cases of odometer fraud and can help you resolve the issue.
3. Report the fraud to the National Highway Traffic Safety Administration (NHTSA) by filing a complaint on their website.
4. Consult with an attorney who specializes in consumer protection or automotive law. They can advise you on your legal rights and help you explore options for seeking compensation or a resolution.
5. If you purchased the vehicle from a dealership, you might be protected under the California Lemon Law, which covers odometer fraud. You may be eligible for a replacement vehicle or a refund.
Be sure to gather and preserve all relevant documentation, including the vehicle purchase agreement, the CARFAX or AutoCheck report, and any correspondence with the seller. This evidence will be crucial in supporting your case.
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