Legal Question in Legal Malpractice in Texas


I bought a 2003 Nissan Altima 3 months ago which showed 78000 miles in odometer from a used car dealer in Houston. He showed me an autocheck report and all the data seemed fine. The contract that I have with the dealer also shows the mileage as 78000.

A few days ago, I took the car out to get the oil change done at the Nissan dealership. The people over at the dealership told me that when the last time the service was done, the mileage of the car was 89000 miles.

I called up the dealer who sold me the car and told him regarding this.

He said that he got the car the lower mileage and it was there in the title that he received from the previous owner. He also says that there is nothing I can do about it.

I am not sure how to tackle this. What are my options? How can I get the correct mileage? Will it be a crime if I sell this car? Any help would be deeply appreciated.

Asked on 10/02/12, 5:19 pm

1 Answer from Attorneys


Mileage on an oil change is not always 100% correct... could be the guy was lazy when he did the oil change and guessed mileage. However, if you do a car fax or registration/inpsection renewal and find the mileage is higher previously, then you may have a lawsuit against the Dealer. Check if out first and don't just rely on one oil change. My odometer was out and I guessed mileage at an oil change until I fixed the odometer LED. Now it shows REAL mileage 8,000 miles BELOW what is shown on my last oil change! MOST new cars store the odometer mileage on a chip on the engine so if the odometer goes out or is changed out, it shows. It is not possible to roll back a modern digital odometer, but it can be swapped out and the engine computers re-programmed. IF you have good evidence, I might take that case on a contingency fee!

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Answered on 10/07/12, 6:56 pm

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