Legal Question in Legal Ethics in Maryland

Re: Misrepresenting odometer reading

If a dealer KNOWINGLY misrepresented the mileage on the car, that is going to be a problem for the dealer, in terms of common law fraud, breach of the consumer protection act, etc. If the dealer actually tampered with the odometer, that would implicate other issues. The problem is most likely a matter of proof. There are other facts that would need to be known before a course of action could be determined. Please feel free to give me a call if you would like to discuss whether my firm can be of assistance.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Misrepresenting odometer reading

The fundamental question to address is whether the dealer knew that the odometer had been tampered with. Prosecution of fraud lies where there is any tampering proven or where tampering was known and not corrected upon re-sale. You will need to prove who actually re-set the odometer or that the automotive sales lot should have known that the odometer was re-calibrated. I suggest that you contact the Consumer Protection Division of the State's Attorney's Office and make a formal complaint. There is also Federal law over this matter where the car was involved in any inter-state sale.

You have a right to a full refund of your purchase where you can prove that the odometer was incorrect. This is another matter that is independent of my above comments. If you have already ascertained that the odemeter was incorrect, an attorney seasoned with commercial claims may be able to resolve this matter upon inquiry and assertion of the facts. Contact me if you would like me to pursue this matter for you.

G. Joseph Holthaus III

(410) 799-9002