Got ripped off, Advice please.

[blackbeast]

this may be a bit long, and i appreciate you taking the time to read this. I decided to post this here first, because after lurking for some time you all seem to have experience in dealing with this.

short story:
bought 1996 impala SS, claimed to have 88k miles, broken odometer, fixed it actual 149K miles.

long story:
recently came into some money, paid off some debt, and bought a dream car. wanted a reliable daily driver so i settled on an impala SS. located on on the impalassforum, and went over to illinois to look at it. Guy claimed it was his aunt's recently gave it to him, he's selling. Also claimed speedo recently went out, had about 81,250 when it did. car ran and drove good, but had some quarter damage. ended up paying $6,800. get it home, fix the odometer, and car has 149,xxx miles.

call seller, claims to have no idea. Later says he's not responsible, sold as is, it doesn't matter in illinois.

Now, i have the title where he wrote 88,200 i have a bill of sale 88,200, i also have a email, and have found postings on multiple BB's where he claims 88,200.

i have contacted peoria police and they say it is a civil matter. How is this not fraud? states right on the title "federal and state law requires that you state the mileage in connection with the transfer of ownership. failure to complete or providing a false statement may result in fines and or imprisonment."

anyways where do I go from here to get my money back? Thanks

-casey http://www.yenko.net/ubbthreads/images/graemlins/JeffSucksToo.gif

[Donutblue]

First, how did you "fix" the odometer. You need to be prepared to explain how that happened, and your qualifications. Secondly, I would go to your States Attorney General's office and start there. They are there for you and they are free. If you proceed civilly with an attorney your losing $$ the moment you write a check to him without knowing what your outcome may be. Of course you can also call the guy you purchased it from and let him know your going to the AG and your going to pursue the case criminally unless he agrees to buy it back. http://www.yenko.net/ubbthreads/images/graemlins/naughty.gif

[blackbeast]

basically it's a well known problem with these cars. There are 3 resistors on the dash assembly that overheat, the solder comes loose, and the digital odometer no longer lights up. resolder the resistors, or replace them with a readily available kit, and viola, odometer lights up.

attorney general is a great idea, wanted somewhere to start other than the short and unhelpful police i've dealt with so far.

[92646]

I am not sure of the laws in your state but you may try to do a small claims case. I doubt you could sue for the whole amount of the purchase but you could sue for the difference of what the car is worth now and what you paid for it. How did you find out the correct mileage?
Mark Sheppard

[blackbeast]

pretty easy, fixed the odometer, and the mileage showed up nowhere close to what he claimed.

[KENNY_PASCOE]

ALOT OF STATES ARE MILEAGE EXEMPTION IF VEHICLE IS 10 YRS AND OLDER. I DONT KNOW IF THAT CAR HOLDS THE MILEAGE VIA THE COMPUTER. YOU MAY WANT TO ASK A CHEVY TECH AT A DEALERSHIP... GOOD LUCK. KP

[elcamino72]

A civil action could be brought against the seller. But be prepared for a he said she said fight. I think you have a decent case, but there may not be much money to recover. Check out my website www.dcdlaw.net/carfraud.htm (http://www.dcdlaw.net/carfraud.htm) for more information.

Isn't it great how on these newer cars even the cars can be smarter than the crooks!!!

[blackbeast]

going by blue book, i'm looking at about 2k in difference. like i said i have it in writing multiple times where he certifies mileage. However he claimed that since it is a mileage exempt state and he sold as is, he is not at fault. He is obvsiously an A-hole, sure wish that was a crime. . .

[68l30]

"..sure wish that was a crime. . . "

It should be be http://www.yenko.net/ubbthreads/images/graemlins/scholar.gif


Steve

[joey]

is this person a dealer ?did you sign a as is form ?if both answers are no why did you let him sign actuall milage when you knew the speedo was broke I dont think you have a leg to stand on because you purchased it knowing the speedo was broke how could he know how much his aunt had drove it I bet it was still in his aunts name too and if thats true you are really barking up the wrong tree because his aunt would have had to put the mileage down herself sory to be so blunt but thats just the facts as I see them and I could be wrong but I doubt it to get your money back honestly describe the car and re sell it if your unhappy I personally have never cared about mileage I just like cars

[Denis]

doesn't carfax show mileaqge?

[quick-bowtie]

Insted of going through all the B.S. and wasting time over $6,800. Just relist it with the TRUE milege and resell it if your not happy with the car. Those cars have a following and bring decent money and getting your money back should be easy heck you might even make a dollar.. I know your letting a crook off but for the little money invested Id try to clean it up and make a $1000 off it and then call the crook back and say thanks for the $1000 A**HOLE.

[blackbeast]

carfax does show mileage, and the last time it was reported a couple of years ago, it was under what he told me.

as for reselling it. herein lies the problem. There is no way i could get what i paid (6,800) for a car with 149k miles needing front seat bottoms, and 1-2k in bodywork to be in good condition (Crunched quarter). i am planning on keeping the car, but with this mileage i grossly overpaid.

[PeteLeathersac]

Go run the crap out of it for a while....things will feel a whole lot better then! .

Sometimes it's best to just shuck the pride thing, leave the jerkoffs behind and save yourself the frustrations of a continuing saga....life's too short. .

Use the money you would've spent fighting the clown on fixing the seats etc. and the value should surpass what you paid sooner than later. .

Way cool cars anyway you look at it....have fun! .
http://www.yenko.net/ubbthreads/images/graemlins/3gears.gif
~ Pete

[COPO427]

[ QUOTE ]
basically it's a well known problem with these cars. There are 3 resistors on the dash assembly that overheat, the solder comes loose, and the digital odometer no longer lights up. resolder the resistors, or replace them with a readily available kit, and viola, odometer lights up.

attorney general is a great idea, wanted somewhere to start other than the short and unhelpful police i've dealt with so far.

[/ QUOTE ]

I guess since it's an easy fix, the next time I hope you'll tell the guy if he minds if you fix the speedo, then you'll see how fast he backs off with the reading he gave you or tells you to leave if it's a lie.

[Mark_C]

If the last carfax report is a couple (2?) of years old and the mileage was under 88K, how did it get to 149K in 2 years? Thats over 70K, or 35K a year. Seems like alot to me. Was the ECU replaced at some time? Would that bring the mileage with it, if it was.

[blackbeast]

i'm not really sure, but as far as the the value is concerned, for all practical purposes there is no documentation of a odo or speedo changes the car has 149xxx.

anyways have been talking with an attorney, and the illinois atty. general. Attorny thinks i have a good case to recover money, still trying to persue fraud through atty. general. will know more on monday.

basically, you can't misrepresent something when you sell it, even though you sell "as is". i.e. you can't say it has a solid gold steering wheel, when it actually has a gold painted steering wheel.

this will probably be the last time i update this for a while until i finally get the car titled ( another long story) and decide what legal action i will take. I will post everything i've learned, i'm sure it will be helpful for some people.