Legal Question in Consumer Law in California

Odometer / Sales Fraud involving a Semi-Truck Purchase

I purchased a used semi truck that was advertised as having 480,000 miles on it. I found out recently (after having a computer printout done on the truck) that it must have had 640,000 miles on it at time of purchase. Also, I was promised on (Kenworth) company letterhead that I would get a 2-year; 200,000 mile Cummins engine warranty in the mail. Well, I never received the warranty after inquiring for a year now. I would never have bought a truck with that many miles on it without a warranty included, and at a lower price. So now I have a truck that could need an engine re-build at any time ($8000 - $10,000), I'll eventually be off the road during the re-build and probably lose $3000-$4000 in revenue, I'm upside down on the truck because I paid much more for the truck than it was worth because of the fraud, so I can't sell or trade it in. Isn't this sales/odometer fraud, misrepresentation, unfair business practices? No attorneys I have contacted have an interest in this case, the DMV didn't care, and I haven't heard anything back yet from the Better Business Bureau, Attorney General, Consumer Complaint offices, etc, etc. Please at least tell me why no one seems interested in my case.


Asked on 1/22/04, 9:01 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Odometer / Sales Fraud involving a Semi-Truck Purchase

I know that for the regular person, 10,000 or 20,000 is a lot of money. But when you talk about going to court and the expenses involved it is hard to bring a case in this range -- this is an ongoing problem. If you are confident that you can prove the fraud, I'll take a look at the case......... Honestly, Christopher Brainard, Esq. 310-266-4115

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Answered on 1/22/04, 11:32 pm
Neil Newson Neil C. Newson & Associates

Re: Odometer / Sales Fraud involving a Semi-Truck Purchase

You actually have three questions that need answering.

The first deals with the odometer. Check your papers and see if the odometer statement that came with the purchase contains a check in the box stating that the miles were accurate or the alternate box disclaiming knowledge of accuracy. If represented as accurate then a good case can be made for either breach of contract or fraud. Unfair business practice could also be alleged but will be hard to prove.

The second question deals with the warranty. This is an easy case to win but costly to pursue. Only if your contract calls for attorney's fees will you be able to recover your legal fees.

The third question is why isn't anyone interested. The answer is the time and effort involved and the small recovery to be expected. If you are in my area, I would be happy to look into this further with you and discuss your alternatives. There would be no charge for the first meeting.

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Answered on 1/23/04, 10:15 am


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