Legal Question in Consumer Law in Massachusetts

I purchased a 2008 Dodge Avenger in Feburaury 2008 with an odometer reading of 13,964 miles. I have had repeated front end alignments and have had to buy 2 complete sets of tires and in need of another set. Unfortunately I was not aware at the time of purchase that a report can be generated by the cars VIN # I have been since made aware of that. Today I researched the VIN # through CarFax only to find out that there is a question of the dealer rolling back the odometer. Is this legal? Is it the responisbilty of the party selling the vehicle to notify the new owner of this report? What are my legal options?

Asked on 7/07/10, 5:12 pm

4 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

If the facts prove to be as you suggest they are, you may have a number of legal options.

This Office handles consumer related automobile claims if they prove meritorious. A successful outcome may include attorney's fees and costs.

If you would like a free legal consultation, gather all your legal documentation on this purchase along with you written correspondence and contact us at your earliest convenience. Good Luck!

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Answered on 7/07/10, 11:02 pm
Jonas Jacobson Law Offices of Jonas Jacobson

I am currently at work on just such a case. There may be certain procedures you need to follow to successfully bring your claim. I would strongly encourage you to speak to an attorney about this case. If you like, you may contact me [email protected]

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Answered on 7/08/10, 9:34 am
Dmitry Lev The Lev Law Firm

To answer your questions: rolling back the odometer is ABSOLUTELY not legal and there is a specific Attorney General Regulation in Massachusetts that labels such actions as "unfair and deceptive trade practices" and allows consumers to pursue their rights under the consumer protection laws. As for the report, it is NOT the responsibility of the seller to provide this report, or any report. The seller's responsibilities (among many) is to accurately report the mileage and not to make any misrepresentations.

If in fact the odometer has been rolled back, as my colleagues above have stated, you may be able to pursue the dealer under the consumer protection laws and be reimbursed for your damages and attorneys fees.

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Answered on 7/08/10, 9:33 pm
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney, as the facts you report indicate Consumer protection Law violations that may entitle you to multiple damages and attorneys fees. Good Luck!

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Answered on 7/10/10, 12:35 pm

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