Quote:
Originally Posted by vintagetoppsguy
Glad that you agree with that analogy. I like it too. So, let's build on that. Let's say the person that rolled back the odometer (we'll assume it's the owner of the car) runs the car through an auto auction. We'll call the owner of the car Moser and we'll call the auction company Brent's Auto Auction. Is the auction company legally responsible for the misrepresented car?
I already know the answer. I have a lot of experience auctioning pre-owned vehicles. I did this for many years. My old eBay username is pre-ownedautos. I was offered a lot of money for the sale of that ID. I declined. So, let's hear your answer.
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Just want to be certain I have all the facts. In your example, is it the case that Brent's Auto Auction did
not at a prior time (1) sell the car to Moser with an odometer reading significantly greater than it now has, or (2) (i) have reason to know Moser's business model was to roll back car odometers or (ii) refer Moser to a company that rolls back odometers and recommend Moser engage their services?
Assuming the answers to these questions are all no, unless there is some statutory law that pertains to automobile auctions that imposes strict liability on the auctioneer that the odometer reading is accurate, I would think the auction company would not be responsible for the misrepresented car.