Originally posted by Hicompression
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93 cobra's becareful
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The seats in the red one are aftermarket recovers. A car with 43K wouldn't need all new upholstery....
Black one looks nice, but if he expects to sell either one he's going to have to figure out how to take a decent picture and write an ad with all the necessary info.- Darrell
1993 LX - Reef Blue R331ci
1993 Cobra #199 - SOLD
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Originally posted by Baron View Postbuyer beware, do your homework before you drop the green. Take a look around at classic cars listed on CL, its amazing how many low mile cars are around, and how poor the condition can be on some of the "low mile" cars.
There isnt anything illegal about it, though it is extremely unethical.
My absolute favorites are the "Low mile" SN95 mustangs that are all over craigslist. Never mind that the odometers have a 99% failure rate, that fucker only has 70K miles on it.
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Originally posted by JC316 View PostGotta love the old 5 digit odometer. There are exceptions, but you have to get the car from the original owner. My grandparents have an old ford that they bought new and it's now sitting out in a field. Has 30K miles on it and looks like hell.
My absolute favorites are the "Low mile" SN95 mustangs that are all over craigslist. Never mind that the odometers have a 99% failure rate, that fucker only has 70K miles on it.Fuck you. We're going to Costco.
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Originally posted by Baron View Postlaw?
I don't have time to search for it now, but it revolves around a disclosure statement on the title transfer that has to be given by the seller to the purchaser of any vehicle that has less than the mechanical limits of the odometer. If he claimed that the vehicle has 17,000 miles then he would be forced to give a fraudulent disclosure upon sale and commit a crime by falsifying a state document.
StevoOriginally posted by SSMAN...Welcome to the land of "Fuck it". No body cares, and if they do, no body cares.
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Originally posted by stevo View PostI don't have time to search for it now, but it revolves around a disclosure statement on the title transfer that has to be given by the seller to the purchaser of any vehicle that has less than the mechanical limits of the odometer. If he claimed that the vehicle has 17,000 miles then he would be forced to give a fraudulent disclosure upon sale and commit a crime by falsifying a state document.
Stevo
Transportation Code
Section 501.072:
Odometer Disclosure Statement
(a) Except as provided by Subsection (c), the seller of a motor vehicle sold in this state shall provide to the buyer, on a form prescribed by the department, a written disclosure of the vehicle's odometer reading at the time of the sale. The form must include space for the signature and printed name of both the seller and buyer.
(b) When application for a certificate of title is made, the owner shall record the current odometer reading on the application. The written disclosure required by Subsection (a) must accompany the application.
(c) An odometer disclosure statement is not required for the sale of a motor vehicle that:
(1) has a manufacturer's rated carrying capacity of more than two tons;
(2) is not self-propelled;
(3) is 10 or more years old;
(4) is sold directly by the manufacturer to an agency of the United States government in conformity with contractual specifications; or
(5) is a new motor vehicle."If I asked people what they wanted, they would have said faster horses." - Henry Ford
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Originally posted by Baron View PostTexas
Transportation Code
Section 501.072:
Odometer Disclosure Statement
(a) Except as provided by Subsection (c), the seller of a motor vehicle sold in this state shall provide to the buyer, on a form prescribed by the department, a written disclosure of the vehicle's odometer reading at the time of the sale. The form must include space for the signature and printed name of both the seller and buyer.
(b) When application for a certificate of title is made, the owner shall record the current odometer reading on the application. The written disclosure required by Subsection (a) must accompany the application.
(c) An odometer disclosure statement is not required for the sale of a motor vehicle that:
(1) has a manufacturer's rated carrying capacity of more than two tons;
(2) is not self-propelled;
(3) is 10 or more years old;
(4) is sold directly by the manufacturer to an agency of the United States government in conformity with contractual specifications; or
(5) is a new motor vehicle.
Federal Odometer Laws and Regulations
49 U.S.C. §§ 32701-32711 (Formerly 15 U.S.C. §§ 1981-1991),
49 C.F.R., Sections 580.1-580.6 - Odometer Requirements
Violations -
Resetting or altering odometer with intent to change mileage.
Making false odometer disclosure statement.
Failure to provide buyer complete odometer disclosure statement.
In acquiring vehicle for resale, failure to obtain complete odometer disclosure statement from seller.
Conspiring to violate any of the Federal odometer statutes.
Civil Recovery -
$1,500 or,
treble damages, whichever is greater, plus reasonable attorney's fees.
Assessment of Actual Damages - Combination of:
Value of vehicle with fraudulent mileage minus value of vehicle with actual mileage.
Lessened resale value of vehicle with altered odometer.
Increased finance charges on fraudulently inflated value.
Increased insurance costs of fraudulently inflated value.
Increased taxes on fraudulently inflated value.
Cost of unanticipated repairs and maintenance.
Times spent resolving problems created by fraud.
State Odometer Laws
Laws vary widely from state to state; however, odometer fraud is covered in most states.
State laws may provide access to dealer bonds or other coverage.
Some state laws provide for recovery of damages under state law in addition to damages recovered under Federal law.
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TEX BC. CODE ANN. § 17.46 : Texas Statutes - Section 17.46: DECEPTIVE TRADE PRACTICES UNLAWFUL - See more at: http://codes.lp.findlaw.com/txstatut....mfJC3y5l.dpuf
(a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code.
(b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts:
(1) passing off goods or services as those of another;
(2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another;
(4) using deceptive representations or designations of geographic origin in connection with goods or services;
(5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not;
(6) representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand;
(7) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
- See more at: http://codes.lp.findlaw.com/txstatut....mfJC3y5l.dpuf
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Originally posted by Machx2 View PostWhat I am reading from what you posted is stating that they don't have to give you a disclosure statement on the car if it is over 10 years, not if they knowingly lie to you about the mileage on the car. I just googled the federal part of it, here is what I came up with.
Federal Odometer Laws and Regulations
49 U.S.C. §§ 32701-32711 (Formerly 15 U.S.C. §§ 1981-1991),
49 C.F.R., Sections 580.1-580.6 - Odometer Requirements
Violations -
Resetting or altering odometer with intent to change mileage.
Making false odometer disclosure statement.
Failure to provide buyer complete odometer disclosure statement.
In acquiring vehicle for resale, failure to obtain complete odometer disclosure statement from seller.
Conspiring to violate any of the Federal odometer statutes.
Civil Recovery -
$1,500 or,
treble damages, whichever is greater, plus reasonable attorney's fees.
Assessment of Actual Damages - Combination of:
Value of vehicle with fraudulent mileage minus value of vehicle with actual mileage.
Lessened resale value of vehicle with altered odometer.
Increased finance charges on fraudulently inflated value.
Increased insurance costs of fraudulently inflated value.
Increased taxes on fraudulently inflated value.
Cost of unanticipated repairs and maintenance.
Times spent resolving problems created by fraud.
State Odometer Laws
Laws vary widely from state to state; however, odometer fraud is covered in most states.
State laws may provide access to dealer bonds or other coverage.
Some state laws provide for recovery of damages under state law in addition to damages recovered under Federal law.
When he does his paperwork for the state, the box for miles will be marked exempt (because in tx they all are, otherwise you would have an odometer disclosure attached) and thus exempting the seller from claim on a federal level:
CFR › Title 49 › Subtitle B › Chapter V › Part 580 › Section 580.5prev | next..49 CFR 580.5 - Disclosure of odometer information.
.CFRUpdatesAuthorities (U.S. Code)prev | next
§ 580.5
Disclosure of odometer information.
(a) Each title, at the time it is issued to the transferee, must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed under paragraphs (c), (d), (e) and (f) of this section at the time of future transfer.
(b) Any documents which are used to reassign a title shall contain a space for the information required to be disclosed under paragraphs (c), (d), (e) and (f) of this section at the time of transfer of ownership.
(c) In connection with the transfer of ownership of a motor vehicle, each transferor shall disclose the mileage to the transferee in writing on the title or, except as noted below, on the document being used to reassign the title. In the case of a transferor in whose name the vehicle is titled, the transferor shall disclose the mileage on the title, and not on a reassignment document. This written disclosure must be signed by the transferor, including the printed name. In connection with the transfer of ownership of a motor vehicle in which more than one person is a transferor, only one transferor need sign the written disclosure. In addition to the signature and printed name of the transferor, the written disclosure must contain the following information:
(1) The odometer reading at the time of transfer (not to include tenths of miles);
(2) The date of transfer;
(3) The transferor's name and current address;
(4) The transferee's name and current address; and
(5) The identity of the vehicle, including its make, model, year, and body type, and its vehicle identification number.
(d) In addition to the information provided under paragraph (c) of this section, the statement shall refer to the Federal law and shall state that failure to complete or providing false information may result in fines and/or imprisonment. Reference may also be made to applicable State law.
(e) In addition to the information provided under paragraphs (c) and (d) of this section,
(1) The transferor shall certify that to the best of his knowledge the odometer reading reflects the actual mileage, or;
(2) If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, he shall include a statement to that effect; or
(3) If the transferor knows that the odometer reading differs from the mileage and that the difference is greater than that caused by odometer calibration error, he shall include a statement that the odometer reading does not reflect the actual mileage, and should not be relied upon. This statement shall also include a warning notice to alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
When he says "this car shows x amount of miles on it" that is more or less of what the odo says, and he shouldnt really be claiming that the car only has that many miles on it.
As far as legality, he isnt breaking a law, the paperwork will say EXEMPT, as does the title now and when the buyer would get it back from the state when they buy it. The state wont even let the seller enter the false miles, it is exempt. They dont document it."If I asked people what they wanted, they would have said faster horses." - Henry Ford
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It's not against the law but shady as hell. Most intelligent buyers will hopefully run the carfax and be able to tell if the mileage is accurate. I would look at the history up until it reached the exempt status and go from there. I've seen carfax throw a fraud allert on cars that are listed as exempt.
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