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Incorrect Mileage

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angelariley | 12:57 Wed 20th Jun 2007 | Law
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I recently part exchanged my vehicle (car A) with a car dealer and paid cash for the balance monies for the vehicle from them (car B). I had paid a deposit some 3 weeks prior to collecting the vehicle and paying the balance. Therefore the garage had details of car A for that period of time.

The contracts were signed and I drove away with car B. Later in the day the garage telephoned and said they wanted car B back as car A had done more miles than was showing on the clock. They said I had made a misrepresentation to them and the deal was off.

I said they should surely have done any relevant checks before taking my money and signing the contract and actually exchanging the vehicles.

They have now involved solicitors saying they want the car B back and they will in effect "unwind" the deal and give us car A back and any monies we paid.

I have indicated they have made the mistake and should have done the necessary checks well before taking any monies from me and doing the deal.

Obviously I was unaware that the car had been clocked - I had bought it previously from a car dealer and at no point was it stated to me that the mileage was incorrect etc.

Where do I stand - surely the deal is done and it was up to the garage to do the necessary checks before closing the deal?

Any answer swould be gratefully taken on board

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This is a tough one, but so long as you were genuinely unaware of the discrepency in the mileage I can't see what the garage can do as it is hard to 'prove' the mileage is higher than on the odometer.
Yes, the steering wheel and pedals may be smooth and shiny, but this could simply be incorrect driving habits !!
My best guess would be the garage may pursue you for difference in value between the indicated mileage and what they 'believe' to be the true mileage.
Let us know what happens !

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