Why Can't You Win a Case After Discovering Odometer Tampering on a Used Car?

[Susie]

Discovering odometer tampering on a used car but failing to win the case might be due to the mileage not being specified. Here are detailed explanations regarding the sales contract: 1. If the sales contract clearly states the mileage: When the actual pre-tampering figure doesn't match the mileage promised in the contract, you can demand the dealer to take the car back. 2. If the dealer privately adds a clause in the purchase contract stating: "Party B (the seller) does not guarantee the accuracy of the vehicle's mileage," according to the Consumer Rights Protection Law, consumers have the right to know the true condition of the goods they purchase or the services they receive. Therefore, this clause added by the dealer contradicts mandatory national laws and is invalid.

[DiElena]

Last year, I encountered this issue: a friend bought a used Corolla and discovered it had been clocked back by 30,000 kilometers. He took it to court but lost, which left him furious. The court focused on the evidence chain: whether the odometer tampering occurred before or after the sale. My friend couldn’t provide surveillance footage from a repair shop proving the seller did it, and the seller claimed it might have been the previous owner. The lawyer was clear: the law only considers the promises made at the time of signing the contract. My friend didn’t include the mileage in the contract annex when receiving the car, and verbal agreements hold no legal weight. Another pitfall was that the appraisal report from the inspection agency didn’t specify the timeline of the odometer tampering—such vague reports aren’t recognized by the court. My advice: always record a video when taking delivery of a used car, and ensure every warranty clause is explicitly stated in the contract. Don’t cut corners for convenience.

[EvangelineLee]

Having been in the used car business for over a decade, I've witnessed countless odometer tampering disputes lost in court. Buyers typically lose for three reasons: First, the sales contract states 'sold as-is,' which essentially absolves the seller of all historical issues; Second, buyers discover mileage discrepancies but wait six months to take legal action, missing the statutory limitation period; Third, repair shop inspection reports lack official seals - judges only accept third-party certification. One client bought a BMW with rolled-back odometer for 150,000 yuan, only to have the court rule it as his own misfortune because Clause 6 stated 'no warranty for mileage accuracy' - signing meant accepting those terms. Remember, without an explicit 'guaranteed authentic mileage' clause in the contract, even divine intervention couldn't win the case.

[CoreyDella]

Odometer fraud is common, but the key issue lies in determining liability. The used Sagitar I purchased had actually been driven 50,000 km more than the odometer showed, yet the court ruled it couldn't be proven who manipulated it. A car might pass through three or four owners - repair shop employees, used car dealers, or private sellers could all access the dashboard. For evidence, besides professional appraisal, physical tampering traces must be found. Most cases fail due to incomplete buyer evidence, like only photographing the odometer without backing up ECU data. Some buyers court trouble by purchasing cheap private sales without proper title transfer, making it hard to even identify defendants.