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Consumer Fraud
What is Auto Fraud?
Fraud may be committed by an automobile dealership by misrepresenting or failing
to disclose such things as the true condition of the vehicle (i.e., whether the
vehicle was involved in an accident or sustained some type of damage when in possession
of a prior owner), the true mileage of a vehicle or the true ownership history of
the vehicle. Fraud may also occur when a dealership allows a consumer to take delivery
of a vehicle prior to obtaining financing, promises to obtain financing, fails to
do so and then refuses to return the consumer’s down-payment or trade-in vehicle.
Different types of fraud that can occur during a vehicle transaction may include;
- ODOMETER FRAUD- the mileage that is showing on the
odometer of the vehicle at the time of purchase determines the condition and value.
The issue of possible fraud comes into play if;
- the odometer has been disconnected or turned back.
- the vehicle’s mileage was misrepresented to you.
- PRIOR DAMAGE OR SALVAGED, WRECKED VEHICLES-some dealers
may sell wrecked, rebuilt or salvaged vehicles which may turn out to be unsafe or
priced too high. The majority of these vehicles were involved in an accident or
a flood. Though the vehicle may look good while sitting on the dealer’s lot, many
times these vehicles have steering problems, brake problems, inadequately welded
parts and overall poor handling.
It is the responsibility of the selling dealer to inform you, before purchase, if
they knew or should have known that the vehicle they are selling you was wrecked,
rebuilt or salvaged.
Be certain to inspect the vehicle thoroughly if you intend to purchase it. You should
look for the following:
- even matching of paint on the inside and outside of the door frame.
- the parts of the car should line up with each other and the space between the hood
and trunk and around the doors are straight.
- the presence of mud or dirt under the mat in the trunk, moisture under the seats
or inside the trunk or hood or watermarks inside the doors.
- an out of state title (an out of state title may signify that the vehicle was moved
to another state due to its extensive damage).
MISREPRESENTATIONS OF YOUR VEHICLE’S HISTORY
A dealer must not withhold information as to the condition of the vehicle at the
time of purchase. No buyer wants to find out about damage to their “new”
car after they have assumed possession and the car is in their driveway. Whether
your vehicle was involved in an accident, holds a salvage title, or was damaged
due to flood, you have the right to know, prior to purchase and can not be deceived
as to your cars past “life”.
“EXECUTIVE DRIVEN” OR RENTAL VEHICLE
Another practice used by some dealers is selling vehicles that were used for rental
purposes and claiming these were “executive driven”. The consumer purchases
the vehicle, believing that only one owner drove and owned it. Later, extensive
problems may surface, some of which are due to excessive wear and tear caused by
many different drivers having driven and used the vehicle.
FRAUD PREVENTION TIPS FOR CONSUMERS
- Check the vehicle over thoroughly to see if the actual condition matches the mileage
present on the odometer.
- Look in the left door frame, inside left front window, in the glove compartment,
under the hood, or in the trunk, for maintenance and oil change/lube stickers that
could contain accurate mileage information.
- Be wary of a vehicle advertised or represented as part of a fleet, that has especially
low mileage.
- The numbers should be aligned properly on the odometer gauge, crooked or misaligned
numbers could be a sign of tampering;
*GM vehicles with mechanical odometers have black spaces between the numbers. If
the spaces are silver or white, the odometer has been tampered with.
*Electronic odometers are built to show tampering, represented by an asterisk or
some other mark in the display. Your owners manual will have more information on
this feature.
- You MUST be provided with a written statement of the actual mileage disclosed on
the odometer at the time of purchase. If not, you may already have a claim under
the Truth In Mileage Act.