Legal Question in Administrative Law in California

Re: MisinformedW

Sure. There is both a theoretical and a practical course of action.

In theory, making the misleading and untruthful statements intending that they be relied upon, is (civil) fraud when the victim actually and reasonably relies thereupon and suffers economic harm as a consequence. Turning back an odometer is a misdemeanor--see Vehicle Code sections 28051 and 40000.15 -- and the seller could get up to a year of jail time.

As a practical matter, you probably want to get your money back. Bringing a suit could be difficult, time-consuming and expensive in relation to the judgment, even if it is an under-$5000 small-claims matter. Your daughter may not be up to it, and collecting judgments from scoundrels like this can be dicey. As to the criminal matter, you would have to make a complaint to the police and then get the DA interested in pursuing it -- not easy unless the seller is fleecing other people too or has a record. Most police and prosecutors are too busy with violent crime.

Therefore, rather than filing suit or pressing charges, you might want to consider presenting the evidence against him to the seller, and agree not to sue or press charges if he refunds the purchase price and takes the vehicle back.

If this fails, or if you want to try to punish this guy, see a local lawyer or study up on small claims procedures.

Document and preserve your evidence carefully.

Re: MisinformedW

Have an expert verify condition and mileage information and sue in small claims if claim $5000.00 or less. If more, contact attorney to discuss this with you.