Lemon Law covers Private Party sales?

[chepurs]

What is the name of your state? IL
I bought a car from a person who brought it all the way from MI and sold it to me. I checked the carfax report given by him, it showed everything good. I dont have any proof of the purchase from him. He said he is dealer kind, he purchased from someone else and is selling it to me. I checked the carfax again after few months of buying it. It showed my registration and everything was good this time too. I used it for almost 2yrs and sold it to a dealer.

The dealer took a carfax report and found that it crossed 110k miles and is rolled back to 45k. All the records from a particular service station (Toyota dealer, who sold the car to first owner) were not updated till my purchase and my registration. Toyota dealer updated everything just before 8months to the Carfax. That shows the discrepancy.

I sold my car at 60k to the dealer. Dealer says that he will file a law-suit against me saying that I did the odometer fraud. I have shown the reports which I had earlier, it shows perfect. But, he says he will file a law-suit on me, I need to file against who sold the car. I dont have no details about the person who sold the car except phone#, which is not being answered.

What should I do now ? Will I be held responsible for this fraud ?

 

[msiron]

What is the name of your state? IL

I bought a car from a person who brought it all the way from MI and sold it to me. I checked the carfax report given by him, it showed everything good. I dont have any proof of the purchase from him. He said he is dealer kind, he purchased from someone else and is selling it to me. I checked the carfax again after few months of buying it. It showed my registration and everything was good this time too. I used it for almost 2 yrs and sold it to a dealer.

Why didn't YOU do your own carfax?
Why didn't you get a bill of sale?
Why didn't you get a title? With mileage on it?
What do you mean, dealer kind? You don't know.
You've had this for 2 years.

The dealer took a carfax report and found that it crossed 110k miles and is rolled back to 45k. All the records from a particular service station (Toyota dealer, who sold the car to first owner) were not updated till my purchase and my registration. Toyota dealer updated everything just before 8months to the Carfax. That shows the discrepancy.

I sold my car at 60k to the dealer. Dealer says that he will file a law-suit against me saying that I did the odometer fraud. I have shown the reports which I had earlier, it shows perfect. But, he says he will file a law-suit on me, I need to file against who sold the car. I dont have no details about the person who sold the car except phone#, which is not being answered.

Your title shows you bought it at 45k miles, right?

What should I do now ? Will I be held responsible for this fraud.

Have all the paperwork you can from your purchase and hire a lawyer to defend you, and try to sue the seller in HIS state.

Did you even check to see if this person had a dealer license?

 

[chepurs]

Thanks for your reply, msiron.

Why didn't YOU do your own carfax? - I thought since, he was providing it, there is no need to buy it again. my mistake.
Why didn't you get a bill of sale? I thought title transfer alone is enough
Why didn't you get a title? With mileage on it? I got the title on my name, with 45k on it.
What do you mean, dealer kind? You don't know. I think he is a curb stoner.
You've had this for 2 years. Yes, I did.

Will the dealer (who ever got my car, now) can sue me under odometer fraud ? Since, its a private party sale, will it not be AS-IS ? what are chances for him winning the suit against me ?

 

[xylene]

Will the dealer (who ever got my car, now) can sue me under odometer fraud ?

The dealer can sue you. That doesn't mean he will prevail.

Since, its a private party sale, will it not be AS-IS ?

As-is does not mean fraud is OK.

what are chances for him winning the suit against me ?

The law is not a slot machine. If you have no defense, it is almost certain. If you have a defense, you will win.

Your defense is the title you recieved at 45k showing 45k. A title is a legal document, CARFAX is just a consumer report. The deal will have to prove fraud. Do you have all the paperwork?

 

[chepurs]

Thanks Xylene.

Can you be little more clear about "Do you have all the paperwork?" ?? Yes, the title shows that I received it at 51006.

What all the documents should I have in the paperwork ?

 

[Zigner]

I think is that what is being said is this: If you have documentation showing the mileage when you bought it and when you sold it, and there is no evidence of fraud on your part, then you aren't likely to be found guilty of fraud.

 

[chepurs]

Thx Zigner.

I only have a Title showing the miles as 45k, with purchase date on it. Other than that I dont have any other proofs supporting that its not me who did the odometer fraud, not even bill of sale.

Except couple of emails saying the price of it and miles on it stuff. thats it.

 

[msiron]

Then you have some proof between the emails and the mighty title who the other person filled in with 45k not you. Seems they are going to have to go after you & your seller, you may be left out of the equation during the game, but you need a lawyer that will guide the plaintiff in the correct direction.

Innocent people are arrested, convicted, & serve time for crimes they DID not commit. It happens allot more than people realize. Good luck.