Meter rejuvenation is a common practice. 5 to 12% of used cars would be victims in Europe. What should you do if you discover that your vehicle has an actual mileage higher than that shown on the odometer? The argus provides you with an overview of the remedies available to you.
Mileage is an essential part of the value of a used car. Fraud consisting in modifying the odometer of the vehicle to artificially increase its value is unfortunately commonplace, all the more so since it is a relatively easy operation to carry out.
5 to 12% of used vehicles sold in Europe are the subject of mileage fraud according to the latest report by the Automobile Club Association (ACA) published on the issue in 2016. France is no exception to this phenomenon. Between 280,000 and 625,000 cars would be affected out of more than 5.5 million used vehicles sold each year. However, the law protects the buyer regardless of the origin of the vehicle or the quality of the seller (individual or professional). Civil action in rescission of the sale or reduction of the price or even criminal complaint for deception, remedies exist.
TO READ. Mileage scams. The argus launches a call for testimonials
A non-conformity justifying the resolution of the sale or the reduction of the price
Most of the time, a vehicle whose meter has been falsified will be subject to mechanical failures which will be declared in advance with regard to the mileage entered on the dashboard. This is also often what will arouse the suspicions of the buyer who will realize that he has acquired a vehicle with a higher real mileage.
In this case, the purchaser may, at his choice, request a reduction in the price or the resolution (cancellation) of the sale of the vehicle in court. Indeed, the fact of selling a vehicle by announcing a mileage different from the actual mileage constitutes a breach of the seller’s obligation to deliver in conformity, whether or not he is aware of the fraud. In addition, the mention “unguaranteed mileage”, sometimes written on sales announcements or order forms, cannot exonerate the seller from his liability.
In addition to rescinding the sale or lowering the price, the person who is the victim of the reduction in the mileage of the vehicle can claim damages if he establishes that he suffers additional damage. Such is for example the case when the vehicle is the subject of an immobilizing breakdown due to its obsolescence due to its actual mileage.
The essential element to win the case is proof of the change in mileage. It does not matter whether or not the seller is the author of the fraud or whether he was aware of it before the sale. The action will therefore be possible whether the seller is in good or bad faith.
TO READ. Second-hand cars. The end of odometer fraud?
How to prove the falsification of the mileage?
It is up to the buyer to provide proof of the change in mileage of which he claims to be a victim in the context of the sale. This proof may be provided by any means. It will therefore not be essential to go through a contradictory amicable expertise or even a judicial expertise. Means exist to prove fraud.
HistoVec, the free platform put online by the authorities can be used to check the reduction in mileage. Since January 2021, this site lists the technical inspections undergone by vehicles registered in France. Among the information available, we find in particular the date of each technical inspection as well as the mileage noted during this one. The elements thus collected may constitute proof of the manipulation of the mileage. HistoVec’s limit: imported vehicles. Technical inspections carried out abroad are not listed on this site, which only lists technical inspections carried out in France.
The HistoVec site has been integrating technical control data since January 2021.
It is also possible to push the door of a concession of the brand of the vehicle to request a history of the operations carried out on the latter or even an examination with the diagnostic suitcase.
The information held by the manufacturers may relate to maintenance and repair operations carried out abroad, but only within the network. Thus, if the vehicle has been mainly maintained and repaired outside the network, which is frequent after the expiry of the manufacturer’s warranty, it will not be possible to reconstruct the history and therefore the evolution of the mileage of the vehicle. A brand technician can also interrogate the vehicle’s computers using the diagnostic case to detect fraudulent manipulation. Only, some brands only allow limited access to vehicle electronics, so this is not a foolproof way.
If these steps have not provided relevant elements, it will then be necessary to call on an expert. Automotive experts can ask manufacturers for permission to access the entire electronic system of the vehicle where information is stored that is sometimes inaccessible to the technicians themselves.
Fraud constituting the offense of deception
The mileage scam is an offense punishable by 2 years’ imprisonment and a fine of €300,000. It is therefore also possible to file a complaint for deception against the unscrupulous seller, whether private or professional. For this offense to be constituted, it is necessary to prove that the seller is the source of the falsification of the mileage. This proof, which is difficult to provide, will be obtained within the framework of the police or gendarmerie investigation carried out under the authority of the Public Prosecutor. If the investigation leads to serious charges, the seller will then be prosecuted and the buyer may seek compensation during the criminal trial.
What are the deadlines for action?
The civil action seeking to request the resolution of the sale or the reduction of the price must be brought within the 5 years from the sale of the vehicle if it is directed against the individual.
If the buyer is acting against a professional seller, the rule is somewhat different and has recently evolved. For sales concluded from 1er January 2022, the buyer must take legal action within 2 years from the discovery of the fraud and this, within a maximum period of 5 years from the sale. For sales prior to 1er January 2022, it will be imperative to act within 2 years of the acquisition of the vehicle.
In criminal matters, the complaint may be filed within 6 years of the sale. Unfortunately, the cases closed without follow-up are legion in the matter, for lack of sufficient elements. It will therefore be necessary to file a complaint as soon as possible to hope for a favorable outcome.
