What Compensation Can Be Obtained from a Lawsuit for Odometer Tampering in Used Cars?
4 Answers
According to Article 55, Paragraph 1 of the Consumer Rights and Interests Protection Law of the People's Republic of China, sellers must not conceal the true condition of a vehicle during the sales process. If sales fraud is constituted, the seller shall bear the liability for fraud compensation to the consumer, with the maximum compensation being 'refund plus triple damages.' Below are specific details regarding used cars: Inspect the Interior: Check for signs of damage or repairs in the interior. Typically, repainting or waxing for refurbishment will leave a strong, pungent odor. Severe natural wear on the seats indicates the vehicle has been used for a long time. Observe the Pedals: Examine the wear on the pedals and steering wheel, as well as the wear on console buttons and knobs. Vehicles with high usage frequency will show significant natural wear.
Last time my relative encountered this issue—they bought a used car showing 80,000 kilometers, but the maintenance records revealed it had actually run 150,000 km. When filing a lawsuit, the court primarily examines evidence: the purchase contract, inspection report, and actual mileage records. Compensation typically covers the price difference caused by odometer tampering—for example, the dealership must return the extra profit earned by selling the car as low-mileage, plus repair cost reimbursements. If intentional fraud can be proven, additional compensation may be claimed. However, litigation is time-consuming; my relative spent over half a year to secure just over 20,000 yuan in compensation, not to mention legal fees. It’s advisable to check the dealership’s maintenance records before buying to avoid major pitfalls.
I previously bought a used Camry with an odometer showing 80,000 kilometers, but the mechanic said the chassis wear indicated at least 150,000 kilometers. After filing a lawsuit, the judge mainly focused on two points: first, whether it could be proven that the seller intentionally tampered with the odometer, and second, whether I overpaid. Compensation typically falls into three categories: the price difference compensation, such as reimbursing the market value gap; additional losses, like the extra 12,000 I spent repairing the transmission; and occasionally, punitive damages. However, the process is cumbersome, and after deducting appraisal fees and lawyer fees, the actual payout is limited. It’s best to keep chat records and inspection reports, as this increases the chances of winning in court.
Having worked in this industry for over a decade, I've witnessed numerous odometer fraud disputes. The key to a successful lawsuit is the evidence chain: first conduct a judicial appraisal to determine the actual mileage, then compare the purchase contract price with the market price difference. Compensation typically covers three aspects: refunding the premium caused by odometer tampering, compensating for repair costs due to concealment, and in severe cases, additional penalty payments. Courts tend to favor consumers, but actual enforcement is difficult, as dealers often resort to evasion and delay. One client recovered a 30,000 yuan price difference, but it took six months. Therefore, when buying a used car, always check the maintenance records and never trust the odometer reading.
