Legal Question in Consumer Law in California

I purchased a used BMW SUV from a dealer, I have found out from BMW that the odometer was rolled back on this vehicle. I have contacted the selling dealer to resolve this matter, but the dealer has not done anything about it. I have paid about $34,000. What can I do? The dealer is in Santa Clara county, CA. The BMW Dealer told me about the odometer rollback after contacting the BMW North America, but I don't have anything in writing from BMW. BMW North America has this information in their database. This SUV has less than 50,000 miles, and is less than 4 years old. Therfore it still should be under warranty, but when BMW North America discovered the odometer rollback, they cancelled the warranty. And later on when this vehicle was returned to the BMW NA, BMW NA sold this vehicle at an auction to this dealer who sold it to me. The selling dealer is claiming that he was not aware of the odometer rollback, but it is still his responsibilty to ensure that the vehicle has the actual mileage and not the rolledback. Can you help please.


Asked on 2/14/13, 10:08 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

You can file a INV172A with DMV to see if they will investigate... You still woul have to seek action... It seems BMW NA would have needed to certify the mileage when sold at the auction...this would help establish the trail on when the odometer was changed... Your dealer should have some of those.... It seems like what you are out of is some diminished value, maybe cost of warranty or part of warranty..this could be a small claims action....i would start by sending letters and get doumentation together. Then go from there

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Answered on 2/15/13, 7:37 am


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