Your Legal Options for Dealing With Odometer Fraud

Odometer fraud is a growing concern for car buyers across California. Dishonest sellers tamper with a vehicle’s mileage reading to inflate its value, potentially hiding years of wear and tear. This deceptive practice not only costs buyers money but can also create serious safety risks.

If you've recently purchased a vehicle and noticed signs that the mileage might have been altered, you're not alone. Many unsuspecting consumers fall victim to odometer fraud each year, and the financial and emotional toll can be significant.

At the Law Offices of Kevin Faulk, P.C. in San Jose, California, our lemon law attorney understands how frustrating and confusing it can be to deal with odometer fraud. We've spent years helping clients like you uncover deceptive practices and hold sellers accountable under California lemon law. Our experience allows us to evaluate your situation, explain your legal rights, and fight for the best possible outcome.

What Is Odometer Fraud?

Odometer fraud occurs when someone intentionally rolls back or tampers with a vehicle's odometer to make it appear as though the vehicle has fewer miles than it actually does. This misleading tactic often helps dishonest sellers get a higher price while offloading a vehicle with significant wear, mechanical issues, or even safety risks.

This fraudulent act can be as simple as replacing the odometer with one showing lower mileage or using software tools to alter the reading digitally. Regardless of the method, the consequences for buyers are the same, as it typically results in overpaying for a car that's not worth its listed value.

In California, odometer fraud is a serious violation of both state and federal law. Thankfully, there are legal protections available.

Signs You May Be Dealing With Odometer Fraud

Spotting odometer fraud early can protect you from costly repairs and legal headaches. Some red flags include:

• Mismatched wear and mileage: If the vehicle’s seats, pedals, and steering wheel look overly worn for a car with "low" mileage, it could be a sign of tampering.

• Inconsistent vehicle history reports: A car history report may show mileage inconsistencies or gaps in service records.

• Missing service stickers or records: Dealerships and service centers typically record mileage. Missing or altered records could be suspicious.

• Title discrepancies: Multiple owners in a short period or out-of-state transfers might indicate fraudulent activity.

• Unusual pricing: If a car seems significantly underpriced compared to similar vehicles with low mileage, it could be too good to be true.

These signs should never be ignored. If you're concerned, it's crucial to contact a California lemon law lawyer immediately.

How Odometer Fraud Violates California Lemon Law

While odometer fraud isn't specifically listed in California lemon law, it often overlaps with claims under the law because sellers may misrepresent the condition or history of a vehicle. When that happens, the buyer may be entitled to legal remedies.

Under California lemon law, if a car turns out to be defective and the dealership can't fix it within a reasonable number of attempts, the buyer may qualify for a refund or replacement. Odometer fraud can contribute to this type of claim if the undisclosed mileage affects the car's performance, reliability, or safety.

We often help clients determine whether their case qualifies under California lemon law and explore additional consumer protection statutes that may apply.

Legal Steps You Can Take

If you suspect odometer fraud, don't wait to take action. Here are a few steps we recommend:

• Gather evidence: Save purchase documents, service records, and any communications with the seller. Photos of the dashboard, odometer, or car wear can also help support your case.

• Get a mechanic’s opinion: A trusted mechanic can inspect the vehicle and may notice inconsistencies between the car’s condition and its reported mileage.

• Request a vehicle history report: Services like Carfax or AutoCheck can highlight mileage discrepancies or gaps in ownership.

• Consult a California lemon law attorney: Odometer fraud cases can be tricky, and it’s essential to understand your rights under California lemon law and other consumer protection laws.

Attorney Kevin Faulk has been helping consumers since 2006, including many who were deceived by vehicle sellers. Our firm has the experience to investigate your situation and determine the appropriate course of action.

Legal Remedies Available in Odometer Fraud Cases

Victims of odometer fraud in California may be entitled to a range of legal remedies, including:

Vehicle Replacement

If the vehicle qualifies as a lemon, you may be entitled to a new vehicle of equal value. This option assures you're not stuck with a defective or misrepresented car. We work to negotiate fair replacements that reflect the original intent of your purchase.

Full or Partial Refund

You might be able to recover the purchase price or a portion of it based on the vehicle's true value. Refunds are often calculated based on how much the fraud inflated the vehicle’s worth. This remedy can help restore your financial losses and hold the seller accountable.

Repair Reimbursement

If you paid out of pocket for repairs due to undisclosed mileage-related problems, you may be eligible for reimbursement. These repairs often stem from wear and tear the buyer had no way of anticipating. Compensation may cover parts, labor, and related expenses tied to the mileage deception.

Civil Penalties

In some cases, courts may award additional damages if the fraud was intentional or especially egregious. These penalties are meant to punish wrongful conduct and deter future violations. They can significantly increase the total amount you recover in your claim.

We Can Help

Our goal is to make sure you're not left to deal with the financial and emotional aftermath of odometer fraud on your own. We'll pursue every available remedy to help you recover what you've lost and move forward with confidence.

Frequently Asked Questions About Odometer Fraud

Odometer fraud can be frustrating, costly, and challenging from a legal standpoint. If you're unsure of your rights or what steps to take next, the answers below can help guide you through the process.

Can I Sue a Private Seller for Odometer Fraud?

Yes. While private sales are treated differently than dealership transactions, sellers are still prohibited from misrepresenting a vehicle’s mileage. If the seller knowingly altered or failed to disclose the true mileage, you may be entitled to compensation through a civil lawsuit.

How Long Do I Have to Take Legal Action?

Under California law, there's typically a four-year statute of limitations for fraud claims. However, this timeline may vary depending on when the fraud was discovered, so it’s important to act quickly and consult with a California lemon law attorney.

Will Law Enforcement Get Involved?

Possibly. Odometer fraud is a criminal offense, and reporting it may lead to an investigation. While criminal charges can support your civil case, your legal options remain open even if authorities choose not to prosecute.

Can I Return the Vehicle?

Depending on your circumstances, returning the vehicle may be an option. We'll assess your eligibility under California lemon law and other consumer protection laws to determine the best path forward.

Do I Need a Lawyer to File a Claim?

While you can technically file a complaint on your own, we strongly recommend speaking with an attorney. Legal representation can help you build a stronger case, avoid costly mistakes, and improve your chances of a favorable outcome.

Compassionate Legal Advocacy

If you suspect you've been a victim of odometer fraud, don't wait to get the help you need. At the Law Offices of Kevin Faulk, P.C., our lemon law attorney is committed to protecting consumers in Sunnyvale, California, and beyond with trusted advice and aggressive legal representation tailored to your unique situation. We serve clients in San Diego, San Francisco, Oakland, Sacramento, Bakersfield, Los Angeles, and San Jose. Contact our attorney today.