Portuguese 
English 
Spanish 
6 min of reading 
1 comment 
Lawyer Loses Case of Fraud in Sale of Used Car with Tampered Mileage, Generating Controversy Over Buyer Responsibility.
The story of a used car purchased with tampered mileage caused a major uproar on social media and in the courts.
The case, which involved the purchase of a used vehicle with tampered mileage, ended with a judicial decision that surprised many.
In Spain, a woman who bought the used car, believing it had only 40,000 km, discovered, through a technical inspection, that the odometer actually read 340,000 km.
-
With a length of 211 meters, a double iron hull, and propulsion by sails, paddles, and a screw propeller simultaneously, the Great Eastern was the largest ship on the planet and ultimately laid the first successful transatlantic telegraph cable.
-
A truck driver spent 21 years building a 15-meter replica of New York using balsa wood, cardboard, and regular glue; the work, featuring hundreds of thousands of buildings, has become an attraction in a museum in the city itself.
-
More than 138 stone tools found on the seabed between Turkey and Europe reignite the hypothesis of a lost land bridge from the Ice Age that may have been used by humans to cross continents.
-
Argentina places the first U.S. Stryker 8×8 armored vehicles in operational units, while Brazil sets a record of $3.1 billion in military exports, reaching 140 countries and strengthening the Defense Industrial Base.
The lawyer responsible for the defense, Carlos Cuadrado, lamented the unfavorable decision and revealed on his account on X (formerly Twitter) the unexpected twist in the proceedings.
The Purchase and the Discovered Problem
The buyer acquired the used car for a price that, at first glance, seemed reasonable, considering the vehicle’s apparently well-maintained condition and the reported mileage.
However, the low price for a used car, especially an older model, raised suspicions.
The surprise came when, after the purchase, an inspector revealed that the vehicle had actually traveled 340,000 km, far more than the 40,000 km indicated on the car’s dashboard.
This error was crucial for the client to take legal action against the seller. She hired a lawyer, believing she was dealing with a clear case of fraud.
The lawyer argued that the false information about the car’s mileage constituted a deception by the seller and that the young woman had the right to be compensated.
The Judicial Decision
What seemed to be a winning case turned into a huge disappointment for the client.
The court decided that, according to Spanish legislation, it is not a crime to alter the mileage of a car, but rather to conceal the fact that the vehicle has tampered mileage.
However, the court also argued that it was the buyer’s responsibility to check the mileage before finalizing the purchase.
For the client’s lawyer, this was a misinterpretation. According to him, the judge confused the date of the technical inspection conducted by the client with the date of the inspection done when the vehicle was sold.
This led to the conclusion that the client knew or should have known that the car’s mileage was tampered.
The Implications of Spanish Legislation
According to Spanish law, altering mileage is not considered a crime, but selling a car with this fraud, without informing the buyer, constitutes fraud and can result in imprisonment for the offender.
However, in this case, the court’s decision did not take into account the buyer’s right to demand a refund, since the vehicle was being sold with false information about its mileage.
The lawyer has announced that he will file a request for rectification of the decision.
For him, the client should have won the case, as the transaction clearly showed that the seller committed a scam by concealing the true mileage of the car.
How to Identify a Fraud
Tampering with a car’s mileage is an old practice, but it is still prevalent—even with electronic odometers.
The trick involves rolling back the numbers on the speedometer to make the vehicle seem less used, and it is still possible in current models despite the more advanced technology.
Understanding how this tampering occurs and how to identify it can help prevent used car buyers from being deceived.
From Mechanical Odometer to Electronic
Previously, the odometer was made up of small rotating drums. Tampering was simple and took just a few seconds. A manual adjustment was all that was needed, and voilà: a car with 150,000 km could display only 75,000 km.
This made the vehicle more valuable in the used car market. Over time, odometers became electronic, directly linked to the car’s computer. Many believed the practice had been eliminated.
But the reality is that it did not happen this way. Even with the integrated electronic system, it is still possible to alter the odometer reading.
The difference now is that, in newer models, the system keeps a detailed history of the vehicle, such as maintenance, failures, and, of course, the actual mileage.
Frauds That Leave Traces on Used Cars
When a modern car has tampered mileage, the modification can even deceive the buyer at the time of purchase.
However, it does not erase the history recorded in the vehicle’s computer. Thus, when the car is connected to a computer in a workshop, the real data appears.
For this reason, many establishments already avoid fraud, fearing being caught.
In older models, the only way to detect tampering was through physical records, such as stamps in the maintenance manual or oil change stickers indicating a mileage inconsistent with the current one.
Today, with the advancement of electronics, the traces are harder to erase.
Altering Mileage Is a Crime in Brazil
Reducing the number of kilometers on a vehicle is not only dishonest: it is illegal. The practice is considered a form of fraud, according to Article 171 of the Penal Code. It also falls under Article 66 of Law No. 8,078/1990, which deals with consumer relations.
The legislation provides for penalties for those who provide false information or omit relevant data about a product or service.
In this case, the penalty may include fines and even imprisonment for three months to one year. That is, anyone who carries out or facilitates the tampering is subject to serious legal consequences.
How to Know if the Odometer Has Been Tampered with in a Used Car
There are six steps that help identify whether the mileage has been manipulated. They are simple, but they require attention to visual details and the car’s history. See below how to check:
Damaged Panel: If there are cracks or seams around the speedometer, this may be a sign that it has been opened. Even in electronic odometers, physical manipulation still occurs.
Tire Condition: New tires on a car that claims to have traveled only 20,000 km may not indicate fraud. But if the tires are heavily worn, the low odometer reading may be suspicious. Tires last about 30,000 km.
Internal Condition: Worn upholstery, a steering wheel with loose leather, or faded radio buttons do not match low mileage. They are signs of heavy use.
Insurance History: Many insurance companies record the mileage of vehicles during inspections. By paying a small fee, it is possible to access this history and compare the data.
Vehicle Manual: Services are often recorded in the manual. Check if the sequence of mileage makes sense with the time and years of the car.
GPS Test: Request to take a drive with the car using the phone’s GPS. If the route shows a distance inconsistent with what appears on the dashboard, there may be manipulation.
What Each Signal May Indicate
The signals mentioned above are not isolated proofs, but when added together, they can clearly indicate that tampering has occurred.
Cracks in the panel almost always mean that the speedometer has been manipulated. Highly worn tires on cars that claim to be “new” are another clear indication.
Similarly, internal finishes that show heavy use, such as loose seam stitching on seats or worn steering wheels, do not match low mileage. Inspection histories and maintenance manuals with diverging data are also strong clues.
The GPS test is a modern method of verification. In a short drive, it is already possible to notice any inconsistencies in the displayed distance data.
The practice of tampering with the mileage of vehicles, although risky and illegal, still occurs in Brazil.
Even with the modernization of odometers and electronic integration, there are loopholes for fraud. However, by following the steps and signals described, it is possible to identify inconsistencies and avoid falling into scams.
Staying alert to the car’s details, consulting histories, and being suspicious of very low mileages are forms of protection.
And, above all, remember that this practice is a crime, with penalties provided for by law. Buying a used car requires care, patience, and, most importantly, attention to the signs.
Para um bom intendedor um pingo é letra! Quanto aos fatos não há dúvidas! Agora…. Burrice tem em todo lugar do planeta!