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Sold a car without informing the buyer! help plz?
I sold a car to a person and the car had engine problem but he didn’t check. The mileage of the car was NOT actual mileage and I bought it from an auction and on my DMA title was also said NOT actual mileage but the buyer didn’t paid any attention. I also did not tell him anything about it too.
After almost a year he found out about not being actual mileage, he got a lawyer and they wrote me a letter with Federal Law codes that I should have told the buyer that the car is not actual mileage and have him to sign state form that the seller informed the buyer about this issue BUT I didn’t do it and didn’t tell him. Anyway, I scammed him and made money over the sell. Can he legally do anything and sue me to get money? Do I should work with him or ignore them?
Below is a copy of their letter if you want to read! Please help. Thanks.
Re: Violation of Motor Vehicle Cost Information Act, 49 U.S.C. Section 32704 and 49 U.S.C. §§ 32701-32711 (Formerly 15 U.S.C. §§ 1981-1991),
Purchase of: 2004 Impala
The cost and value of a vehicle is based upon its mileage. Under federal law, an automobile seller is required to state the mileage on a used or new vehicle or state that the odometer reading is unknown. When the odometer statute is violated, a legal claim can be made for:
1) Violation of the state consumer fraud or deceptive practices statute,
2) Violation of the federal odometer law, and its regulations,
3) Breach of express and implied warranties.
Based upon the above, demand is hereby made that you refund the sum of $9000.00 to Mr. XX in full because of the following violations,
• Resetting or altering odometer with intent to change mileage by previous owners.
• Making false odometer disclosure statement.
• Making false statement about condition of the car.
• Failure to provide buyer complete odometer disclosure statement.
• In acquiring vehicle for resale, failure to obtain complete odometer disclosure statement from seller.
• Conspiring to violate any of the Federal odometer statutes.
Please be advised that your failure to comply with this request within fifteen (15) days may subject you to the following remedies, in violation of the Motor Vehicle Cost Information Act, 49 U.S.C. Section 32704.
(1) $9000.00, the actual damages suffered;
(2) Civil Penalty of $18,000.00, (up to twice the amount of actual damages);
(3 Any other relief which the court deems proper; and
(4) Court costs and attorney's fees.
I look forward to hearing from you within 30 days so that we may make a good faith to resolve this matter. Thank you for your time and consideration in this matter.
1 Answer
- mccoybluesLv 71 decade agoFavorite Answer
You admit to perpetrating a scam on the buyer. You knew qwhat you were doing was illegal, yet you feel they have no right to file a lawsuit against you. Think again.
Good luck in court. You'll need it. If you ignore them it will only get worse for you.