Beware of altered digital odometers on isuzu Xwind, Advise needed on legal remedies

[jayofdonpedro]

I just bought a 2002 xwind xuvi a/t that is supposedly has less than 70,000 kilometers. I was advised that the odometer will be difficult to change since it is digital. However, I found out by accident that the odometer was altered because when I took it to the dealer due to a leaking ATF, they told me that the last regular check up on it way back April 2006, it has already 85000 kms on their records! So assuming a 20K average use, this means the xwind probably already has at least 140T odometer reading. I would like to know what kind of legal remedies can I sue to get back at the seller? Or how I could force him to give me some kind of refund? I really would like to punish this seller for his unethical dealing.

[desert fox]

Maliwanag pa sa sikat ng araw ang pandaraya ginawa sa iyo...

Kung idemanda mo, baka yung compensation na makukuha mo sa seller mo,kulang pa pambayad sa abugado...

Ipagpasa-Diyos mo na lang bro....

kumbaga, charge to ***perience....

[ghosthunter]

I just bought a 2002 xwind xuvi a/t that is supposedly has less than 70,000 kilometers. I was advised that the odometer will be difficult to change since it is digital. However, I found out by accident that the odometer was altered because when I took it to the dealer due to a leaking ATF, they told me that the last regular check up on it way back April 2006, it has already 85000 kms on their records! So assuming a 20K average use, this means the xwind probably already has at least 140T odometer reading. I would like to know what kind of legal remedies can I sue to get back at the seller? Or how I could force him to give me some kind of refund? I really would like to punish this seller for his unethical dealing.

Check with your lawyer.

[vinj]

Ditto on what GH said.

You can try and return the vehicle to the seller and get a refund. That's what my cousin did when they purchased a used Civic and found out through the dealer that the odo was indeed tampered.

I've encountered tampered digital odometers as early as 1999.

[desert fox]

Ditto on what GH said.

You can try and return the vehicle to the seller and get a refund. That's what my cousin did when they purchased a used Civic and found out through the dealer that the odo was indeed tampered.

I've encountered tampered digital odometers as early as 1999.

Kung ganyan na me positive result, go ahead broTS, sue the seller...

[oliver1013]

Demanda mo para maging aral sa iba

[Pearl Green]

as what i have experience also pero buti hindi namin na bili. it was 2007 isuzu alterra, the odometer was around 32,+++km but the interior is parang walang alaga ng owner kasi, sira na yung lcd headrest at marami pang iba, i was really confused on why the price on the car is around 800k and the seller is a buy and sell. then my father is ok with the car. while i was inspecting whether the car is a victim of ondoy, yun hindi naman pero pag tingin ko sa booklet is nakita ko yung service manual pag july 2008, ung mileage is 72,+++km na cya(last service nya) so ano ang nangyari sa 2009 at 2010. sure ako dumating na sa 1++,+++km ung mileage, hangang ngayon hindi pa na sold. (dito yan sa cebu)

About naman sa xwind ko, na benta ko na. and for how many days, nakita ko sa net ung xwind ko at ang odometer ay naging 50,000km from 88,+++km. wow grabe na talaga ang mga buy and sell.
Advice ko lng sa mga plano bumili ng 2nd hand is mas maganda kung sa previous owner ka bibili, wag sa mga 2nd hand na store(sori po sa masaktan)

[atly]

I never really though that it can be tampered. . . once palang kami bumili from a Buy and Sell, Crosswing ng father ko, 2003 pero 140+ na ang ODO kaya siguro naman hindi na tampered yon. . . When i bought my car, sa previous owner, so far accurate naman ang ODO nya kasi may manual pa. . .

[weisshorn]

Tanong ko lang sa mga legal mind na tsikoter. Meron po ba specific LAW on vehicle odometer tampering? Can somebody post the link. Naisip ko lang na kung meron ay pwede iprint out at gamitin reference when buying used car. Pwede kasi ipakita sa seller & made him swear that the odometer of the car he is selling is true. TIA

[atly]

i think walang specific law about tampering. . . per omeron tayong law about warranties pati implied warranties against hidden deffects. The problem here ay second hand lang ang car. . . kaya magaaply ang caveat emptor or buyer beware principle. . .

Pero i think in that case pwede mo isauli ang auto, ireklamo sa police at cityhall para mablacklist di na makakuha ng business permit. . .

di lang ako sure. . . hehe.

[niky]

It can be treated as a case of fraud.

[yapoy86]

dami kasi pinoy na nakatingin sa odometer pag bumibili ng sasakyan.. kaya yung mga kawatan yun ang ginamit na tool para maka pang loko.. eh di mabilis ang benta

[Benzmizer]

Let me just clear out some details..... The unit was bought 2nd hand.... ergo, a deed of sale between you and the previous owner (not sure if original owner).

I don't like to sound like a goat here but it'll be a tough road to trek. The current Deed of Sale template does not clearly state that the buyee (you) would be protected from such case like tampered odometer.

Yes, a brand new vehicle would have warranties but 2nd hand vehicles... the most would be "personal guarantees/wanrranty". Without a written agreement to cover warranties/guarantee on specifics, your case would be considered in "gray area".

Looking at it as half full than half empty, if other than a false odo reading the vehicle performs to your expectation and is guaranteed not to be a "HOT CAR", take it as a learning lesson and enjoy the car.

As the saying goes, "WHAT COMES AROUND, GOES AROUND".

[renzo_d10]

Don't rely on the odo. Numbers lang yan. Rely on the condition of the car, after all, it's the one that matters the most ...

[Benzmizer]

Don't rely on the odo. Numbers lang yan. Rely on the condition of the car, after all, it's the one that matters the most ...

+1 to this.

My Mb 240D's odo was not properly working when I got it before. No service records except those that were done recent. The car ran fine when I test drove it. That was good enough for me.

What i did next was to bring the car back to "0" state and didn't take much word of what the previous owner claimed he did on the car. Drained all fluid, did a compression test, had the car lifted and replaced all that needs to be replaced. Then again, not even those would guarantee me that the car won't show any more problems for I know it's still a 2nd hand car.

If there is any consolation to what I did, I greatly reduced the chances of possible breakdown.

[jayofdonpedro]

First, thanks for all the advice. And for everybody's information, the seller, as he says, is a private owner and not a re-seller. However, I paid a fair price for the car and agreed with only a P5,000 discount because I really was impressed with the excellent exterior condition and of course, I really depended on the odometer reading, which the seller stated was not altered at all. I also did ask around before believing him because most of the opinions I got was that digital odometers are difficult to alter, however, not totally impossible. Sometimes you really have to believe in the honesty of people you deal with, which unfortunately, I got burned on this one. It just pisses me off that I have to spend a substantial amount of money on a car I negotiated in good faith with and only been using for a couple of months. For now, I am still weighing my options on getting back at the seller.

And yes Benzmizer, I really hope that What Comes Around, Goes Around.

[niky]

If you're interested in pursuing a case, you'll have to show that the seller advertised it as xx,xxx on the odometer. Otherwise, it'll be hard going. But if you can demonstrate that the seller did willingly falsely advertise, you can actually sue.

[TholitzReloaded]

First, thanks for all the advice. And for everybody's information, the seller, as he says, is a private owner and not a re-seller. However, I paid a fair price for the car and agreed with only a P5,000 discount because I really was impressed with the excellent exterior condition and of course, I really depended on the odometer reading, which the seller stated was not altered at all. I also did ask around before believing him because most of the opinions I got was that digital odometers are difficult to alter, however, not totally impossible. Sometimes you really have to believe in the honesty of people you deal with, which unfortunately, I got burned on this one. It just pisses me off that I have to spend a substantial amount of money on a car I negotiated in good faith with and only been using for a couple of months. For now, I am still weighing my options on getting back at the seller.

And yes Benzmizer, I really hope that What Comes Around, Goes Around.

Regarding the digital odometers, it's hard to tamper those but they can easily replace the entire gauge cluster with a new one that has lower mileage. So it's not tampered but replaced.

[atly]

Regarding the digital odometers, it's hard to tamper those but they can easily replace the entire gauge cluster with a new one that has lower mileage. So it's not tampered but replaced.

Agree to this one. . .most probably hindi sya tampered, but replaced...the latter is easier to do. . . although we cannot really say its not possible to alter the digital odo. . .

[AC]

i am not a buy and sell.... and i have never tampered any odo...
but natatamper ang digital.... sa alam ko 3t pesos daw pagawa niyan.. 5mins lang daw yan sa gumagawa...
isasaksak lang daw sa computer.. and tapos na