Legal Question in Consumer Law in Washington

98 VW Beetle Rolled Back Odometer

Aug 2001, I purchased a used 98 VW Beetle with 6400 miles on it. Oct 2001, I started having issues with battery, truck, steering, and Check Engine Light coming on.

I went to Carfax.com, the car was purchase originally in NYS, and in Sept 2000, an emissions inspection showed a mileage reading of 18000 miles.

I tried working with the dealership, they were no help, they verbally harassed and bullied me. I contacted the BBB and WA Attorney General, they couldn't help.

I requested the DMV records from NYS, and received an emissions record showing the mileage reading at 18000.

I want to return the car, get back my loan and get additional money for punitive damages. Can I do this?

I went to the Dealership and attempted to work this out.

The General Sales Manager told me that I would have to work with the owner.

I originally spoke with the owner, he called me stupid, was highly unprofessional and attempted to intimidate me.

I told the General Sales Manager this, he proceeded to tell me that when you decide to go head to head with the owner, you will ALWAYS Lose.

Do I have legal recourse? Do I have proof? And would be the best way to handle this?


Asked on 4/11/02, 12:18 pm

1 Answer from Attorneys
Andrew Hay Hay Law Firm

Re: 98 VW Beetle Rolled Back Odometer

You are entitled to sue to rescind the contract. If successful you should be placed in the position you were in prior to purchasing the vehicle. Loan paid off, refund of payments (less a credit for the value of the use of the vehicle). If successful, you should recover attorneys' fees and, depending on their complicity in the mileage fraud, consumer protection act damages of up to $10,000.

Proof of the vehicle's mileage situation will have to be obtained. You have information that is a start to proving a roll-back, but you haven't enough proof with merely a CARFAX report.

The dealers will usually offer some trade-in credit to avoid the problem. In my experience, few customer are satisfied by what they offer. To get real relief usually requires a lawsuit and a commitment to pursuing it. The dealers often settle prior to trial rather than face a jury.

You should also consider a complaint to the attorney general. Those complaints are usually routed through the Department of Licensing Dealer Services section. In Pierce County I know they are well investigated and this can really help in forcing a settlement. My experience is that you need a really, really blatant violation, however, to get good help from the investigators. You can probably expect the dealer to deny any knowledge or complicity in the roll-back and this will make the investigator reluctant to come down hard on them.

Call if you have more questions.

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Answered on 4/11/02, 3:22 pm


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