Legal Question in Civil Rights Law in Maryland

We purchased a car form a third party and paid him $6500 cash at the spot. He told us nothing is wrong with the car and runs great so we took the car. After just one days the engine light came on and we found out, it�s a major engine problem (cost $4000.00 to fix it) so we call back the seller and but no answer and no one pick up anymore. That was the first problem and here�s the second one, after we found out about the engine problem, I got a CarFax report for this car and its shows �Mileage Rollback� so the this seller or the previous owners reduced the mileage and it�s a huge difference (Receded to 73000 form 160000) then sold to us with 73000. So the seller DID NOT even told us anything about this car is NOT actual mileage and we paid for a car with 73000 miles on it. The seller knew this car is NOT actual mileage because he accidently forgot to take his old DMV registration card form the car when he sold the car and its says �NOT actual mileage� on his registration card.

So my proofs are CarFax report shown mileage rollback and the seller�s DMV registration card which also says not actual mileage from DMV BUT when he sold the car to us he signed the back of the title and wrote the mileage (73000) AND DID NOT check the box for NOT actual mileage so DMV issued a new title with my name and says its actual mileage on the title because the seller singed the back and DID NOT check the box for not actual mileage.

First question,

1-Can I go after him for defrauding DMV to issue a title with actual mileage and scamming me?

2- Since the car is not worth even $1500 with this condition. Can I claim $5000.00 against him in small claim court? What are my chances to recover money?

3- Is small claim court is a good option?

4- any other advise?

1 Answer from Attorneys

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