Legal Question in Consumer Law in Illinois

I recently bought a vehicle on Craigslist for $6000. The odometer read 97934 miles. I purchased the car because of the millage. The title actually said it has 160445 miles. I noticed this and asked him about it and he told me that it was okay and that the odometer was accurate. So we went through with the sale. I later found out that Carfax, as well as the secretary of state both has the same millage of 160445. I contacted him so we could settle this outside of court, and he agreed to give me my money back and I would sign the title back over to him. When we met up at the currency exchange, he had a change of heart and left. I want to sue him for breach of contract, because according to his craigslist ad, he said the car had 97000, and not the 160000. I also think it could be fraud if he ever tampered with the digital odometer on the vehicle.I'm a broke college student that just got schooled. I don't have a bill of sale either. Should i go through with this small claims suit?

Thanks in Advance,

Francisco Velasco

Asked on 2/21/12, 7:55 pm

1 Answer from Attorneys

Jeffrey Whitcomb

I would file a small claim. To establish a fraud claim, you will have to prove that the seller knew the mileage on the odometer was wrong even though he told you it was accurate.

Good Luck.

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Answered on 2/23/12, 5:50 am

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