TYPICAL DEALER DEFENSES IN
ODOMETER TAMPERING AND FRAUD CASES
Having handled a number of odometer fraud cases,
one sees the same excuses, over and over.
The position of automobile dealers in odometer fraud cases is usually the
- first, suggest that the odometer was not
really rolled back, and there is simply an error,
- secondly, if it did occur, explain that the
dealer has been in business for over 20 years, and would never
deliberately alter an odometer, in view of the penalties involved.
Instead, the dealer professes, we are as much a victim as you.
- thirdly, suggest that the consumer has
received substantial use of the vehicle which should offset any claim.
Dealers practice the 4
D's, delay, deny, distract, and deceive. To respond to these tactics, it
is generally useful to have an attorney experienced in lemon law and
automobile fraud. You should obtain the vehicle history from Carfax, . We argue that
if the vehicle was sold with
an altered odometer, the dealer is liable and if others are responsible, it is
his responsibility to locate them. Rollbacks are usually done by a
third party, two or three levels removed from the dealer.
selling a car, dealers can manage to write a purchase order, arrange financing,
and prepare motor vehicle documents in a single day. Yet when you contact
them about an odometer claim, things go very slowly. Accordingly, the
consumer should generally document his contacts with the dealer and provide
a deadline for response.
EXPERIENCE OF THIS LAW OFFICE
Howard A. Gutman has successfully handled over
200 lemon law, automobile breach of warranty, and odometer cases. He is
the author of the leading article on the lemon law published in the New Jersey
Law Journal. He also wrote the Year 2000 Legal Handbook, a book dealing with
Prior to establishing his practice, Mr. Gutman
was employed by one of the leading law firms in New Jersey and a prominent
international law firm located in the Wall Street area. He has appeared on Good
Day New Jersey been interviewed by NBC Nightly News and Newsday, and his cases
have been profiled in the Star Ledger and New York Times.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
230 Route 206, Flanders, New Jersey 07054
(973) 598-1980, E-mail Howian@aol.com
We offer a free initial telephone consultation to
discuss your lemon law case. Please feel free to call or e-mail our office.
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