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-   -   True Milage (http://www.peachparts.com/shopforum/diesel-discussion/340432-true-milage.html)

Left Coast 06-23-2013 04:24 PM

Quote:

Originally Posted by Skid Row Joe (Post 3164773)

....No fraud - no nothing. The mileage is NOT the actual mileage. Buyer signs their knowledge of this factual statement, and everyone goes home happy.

Sorry, we disagree. Your hypothetical situation is fine if the true mileage is unknown. Making the claim when you know otherwise is still lying. Failure to disclose is fraud by omission. Plenty of case law behind that. If you do that, then you are less than forthright. Each of us has the choice.

jbach36 06-23-2013 10:35 PM

Your best protection is probably CarFax, because
 
Not that CarFax will protect you from all evils, but they are helpful.

Note that if a Carfax comes back with "No reported Accidents" doesn't mean it hasn't had an accident. If someone wrecked the car but had his brother fix it and never reported it, it just means he didn't run it through the insurance company which would have reported it.

With respect to mileage, sometimes they're good on helping with that. For example, once I bought a Honda Accord to sell. The odometer said 122k on it. A few days later I was driving it, the sun was in my eyes, so I brought the sun visor down, and saw an oil change sticker in the upper left corner of the windshield, "Your next oil change is due at 197,000 miles". Turns out the guy changed out the odometer.

When I took him to criminal court, I had a Carfax then (didn't do one prior to buying the car), and it showed the prior owner had gotten emissions all along the way from 122k all the way up to 194k. The guy I bought it from had just bought it for $1,200, and sold it to me for $2,400, making a quick $1,200 just by changing out the odometer.

Skid Row Joe 06-23-2013 11:06 PM

Quote:

Originally Posted by Left Coast (Post 3164777)
Sorry, we disagree. Your hypothetical situation is fine if the true mileage is unknown. Making the claim when you know otherwise is still lying. Failure to disclose is fraud by omission. Plenty of case law behind that. If you do that, then you are less than forthright. Each of us has the choice.

:confused:
You have nothing to disagree with me about. I have presented no hypothetical situation. I am quoting the mileage disclosure statements used on and after April, 29, 1989. Nothing more. You are adding all the hypotheticals and what "ifs," here....not me.

Certifying by the seller's AND the buyer's signatures that the mileage is NOT the actual mileage, solves everything. If you wish to take issue with any seller OR buyer, as what they are signing - I guess that's your hypothetical. For whatever reason(s) that could be, I haven't the fogiest idea.

Sellers and buyers and the signed statements both make, are all that matters in a casual sale - nothing more.

Skippy 06-23-2013 11:07 PM

Did you win the case?

Left Coast 06-24-2013 12:57 AM

Ah, I'm pleased that we agree then.

Shortsguy1 06-24-2013 02:30 PM

Uh, no.
 
Quote:

Originally Posted by Skid Row Joe (Post 3164758)
Actually, it's factually correct. My post stands - as is.

You post stands, as is, as wrong. The reason I like peachparts is because most of what you read here is correct. Unfortunately, not all. If you took the time to read the federal statute, you would have found the following:
A person may not -
(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;

QED

SKJ-Please, if possible, try to refrain from spreading incorrect information.
The forum community would appreciate it.

Skippy 06-24-2013 04:53 PM

Keep in mind everyone, we are talking across several state lines and a national border. Things that are legal in one place may be illegal in another.

t walgamuth 06-24-2013 06:58 PM

misrepresenting something for financial gain is fraud. I don't think any state allows fraud.

Skid Row Joe 06-24-2013 07:30 PM

No, my post stands because it is factual and correct, quoting the current Texas car sales mileage disclosure statement/document. My information is confined to and from my state's car sales record document - I quoted in Post #18 verbatim.

Near as I can tell, you are repeatedly responding to linked information you found, which bears no semblance of the Texas car sales document I quoted.

If you have any issue with the state of Texas' car sales documents, I would suggest you take it up with them. I'm certain they'll be able to supply you with the necessary information that you are seeking, regards automobile odometer mileage disclosure statements.

Good luck!




Quote:

Originally Posted by Shortsguy1 (Post 3165189)
You post stands, as is, as wrong. The reason I like peachparts is because most of what you read here is correct. Unfortunately, not all. If you took the time to read the federal statute, you would have found the following:
A person may not -
(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;

QED

SKJ-Please, if possible, try to refrain from spreading incorrect information.
The forum community would appreciate it.


Shortsguy1 06-24-2013 07:47 PM

Last I checked, federal law trumps state law. Even in the Texas. Although the pot smokers in CA would disagree with me. But that is a discussion for another day.

cooljjay 06-24-2013 08:06 PM

Quote:

Originally Posted by Shortsguy1 (Post 3165332)
Last I checked, federal law trumps state law. Even in the Texas. Although the pot smokers in CA would disagree with me. But that is a discussion for another day.

Oh god I hate federal law(stay far far away from Utah) and I hate that federal law considers pot a controlled substance in the same class at crack and meth.....I am moving to Amsterdam :D

Oops that was another day discussion :P

Left Coast 06-24-2013 08:15 PM

Waste of time guys. Joe's got him a first class troll going here-- following up a pretty good troll by the OP, who has left the house. He's got his one irrelevant point, and he can defend it all day. He's not disputing anything anyone else is saying, and he's not endorsing any fraudulent activity. He knows damn well that it's a federal crime to tweak an odometer, but he's not arguing that. He's just amusing himself, that's all.

whunter 06-24-2013 08:49 PM

Please don't.
 
Quote:

Originally Posted by The Gears (Post 3164604)
It must be very easy to adjust the odometer on these cars because I keep reading about 25 and 30 year old cars with 150,000 miles on them. You have to think how can that be possible. Would someone buy one of these cars to look at.
I am retired so don't drive to work every day but just shopping and visiting friends and a holiday once a year I can rack up 12,000 Kn in a year.
My 84 has 347,000 on it, will it be worth more if I roll it back to 150,000.
Ya I know it's against the law.

Many members overlook, forget, and/or do not know that there are Law Enforcement agents, officers, lawyers, judges on this forum.
If they fail to report tampering, they face potential legal action or discipline.

Federal Odometer Tampering Statutes
http://www.peachparts.com/shopforum/general-information/170341-federal-odometer-tampering-statutes.html

.


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