Fantastic advice here.This.
No matter the size, every dealer should provide a CarFax and many do by default. Sometimes you have to ask for one, which is understandable for small shops, as they do cost money.
CarFax is the de facto standard, but AutoCheck from Experian is number two on the list. (Yes, the credit rating bureau) Ask for both or if they only give you one, pay the fee and run a report yourself.
If any dealer or private seller hesitates on providing you a CarFax, refuses to provide the applicable VIN number over phone/email or breaks balls if you take pictures or write down the VIN onsite…walk away. Always cross check to verify the provided VIN matches the car for sale; one could easily provide a clear CarFax from a dummy VIN. Also keep in mind a CarFax is just a .pdf document…it’s incredibly easy to edit, swap numbers around or copy over images from a clean report. (This is avoided by running the report yourself, albeit at your cost)
Never buy sight unseen (not that you did). A FaceTime or video chat tour doesn’t count. In the strange world we live in today plus the wonders of the internet, people order cars from all over and have them delivered like an amazon package. If you can’t touch it and smell it before you buy, it doesn’t exist.
In your situation, you might have a case to bring to your state’s attorney general. Despite Indiana having the exemption law for any vehicle older than MY 2010, there is clear evidence of fraud prior to the exemption window. The law does not mention the exemption statute; it could be argued that the seller knowingly sold you a vehicle with odometer fraud. You’ll need to lawyer up and go through a ton of paperwork; all depends on your appetite. If you want to have some fun, call a local attorney who specializes in lemon laws (assuming it’s a free consultation). That might be a solid case; in your state, odometer fraud is a “Level 6” felony. (Link)
Did the seller provide you with a completed and signed Indiana Odometer Disclosure Statement? Even if it was a private purchase or exempt, it appears that Indiana requires the seller to complete this form (I could be wrong).
Full disclosure, I am not an attorney. However, I am familiar with these types of cases.
Depending on your circumstances, I would highly suggest investigating further. If not only for your right to a fair purchase, but to possibly prevent others from being taken for a ride by the same seller.
I love cars, but I hate the car business.
The vehicle was purchased in Colorado and driven back to Indy, so my lawsuit will have to be filed in CO. The deprecated value difference is likely greater than small claims limits, so I will have to engage a legitimate attorney to file a civil suit.
The title showed mileage exempt, but I didn’t think twice about that because Indiana marks anything over 10 years old as exempt. The ad clearly marketed the car as ‘low miles’ and ‘only 104k’ so it was absolutely misrepresented. The question becomes, was it knowingly?