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Lawyer loses fraud case involving sale of used car with altered mileage, generating controversy over buyer's liability.
The story of a used car purchased with falsified mileage caused a huge uproar on social media and in the courts.
The case, which involved the purchase of a vehicle used, with falsified mileage, ended up with a court decision that surprised many.
In Spain, a woman who bought a used car, believing it had only 40.000 km, discovered, through a technical inspection, that the odometer actually showed 340.000 km.
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The lawyer responsible for the defense, Carlos Cuadrado, regretted the unfavorable decision and revealed on his account X (formerly Twitter) the unexpected twist in the process.
The purchase and the problem discovered
The buyer purchased the used car for a price that, at first glance, seemed reasonable, considering the apparently well-maintained condition of the vehicle and the reported mileage.
However, the low price for a used car, especially an older model, already raised suspicions.
The surprise came when, after the purchase, an inspector revealed that the vehicle had driven 340.000 km, much more than the 40.000 km indicated on the car's dashboard.
This mistake was the reason the customer took 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 mistake by the seller and that the young woman had the right to compensation.
the court decision
What seemed like a winning cause turned into a huge disappointment for the client.
The court ruled that under Spanish law it is not a crime to alter a car's mileage, but rather to hide the fact that the vehicle has tampered mileage.
However, the court also reasoned that it was up to the buyer to check the mileage before completing the purchase.
For the client's lawyer, this was a misinterpretation. According to him, the judge confused the date of the technical inspection carried out by the client with the date of the inspection carried out when the vehicle was sold.
This led to the conclusion that the customer knew or should have known that the car's mileage was tampered with.
The implications of Spanish legislation
Under Spanish law, changing mileage is not considered a crime, but selling a car using 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 of the amount paid, since the vehicle was being marketed with false information about its mileage.
The lawyer has already announced that he will file a request to rectify the decision.
For him, the customer should have won the case, since the transaction clearly showed that the seller committed a scam by hiding the car's true mileage.
How to identify a scam
Tampering with a car's mileage is an old practice, but it's still alive — even with electronic odometers.
The trick is known for turning the speedometer numbers back to make the vehicle appear less driven, and is still possible on current models despite more advanced technology.
Understanding how this tampering occurs and how to identify it can prevent used car buyers from being scammed.
From mechanical to electronic odometer
Previously, the odometer was made up of small rotating drums. Tampering was simple and could be done in a matter of seconds. All it took was a manual adjustment, and voila: a car with 150 km could now display only 75 km.
This made the vehicle more valuable on the used car market. Over time, odometers became electronic, connected directly to the car's central unit. Many believed the practice had been eliminated.
But the truth is that it wasn't quite like that. Even with the integrated electronic control unit, it is still possible to change the odometer reading.
The difference now is that, in newer models, the system stores a detailed history of the vehicle, such as inspections, faults and, of course, the actual mileage.
Frauds that leave traces on used cars
When a modern car has its mileage altered, the modification can even deceive the buyer at the time of purchase.
However, it does not erase the history recorded in the vehicle's control unit. Therefore, when the car is connected to a computer in a workshop, the real data appears.
Therefore, 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 service manual or oil change stickers indicating a mileage that was incompatible with the current one.
Today, with the advancement of electronics, traces are more difficult to erase.
Tampering with 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 crime 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 punishment for anyone who provides false information or omits relevant data about a product or service.
In this case, the penalty may include a fine and even detention from three months to one year. In other words, anyone who carries out or facilitates adulteration is subject to serious legal consequences.
How to tell if the odometer has been tampered with in a used car
There are six steps that can help you identify if your mileage has been manipulated. They are simple, but they require you to pay attention to the visual and historical details of your car. See below how to check:
Panel violated: If there are cracks or seams around the speedometer, this could be a sign that it has been opened. Even with electronic odometers, physical tampering still occurs.
Tire condition: New tires on a car that claims to have only driven 20 miles may not indicate fraud. But if the tires are very worn, a low odometer could be suspicious. Tires typically last about 30 miles.
Internal conservation: Worn upholstery, a loose leather steering wheel, or faded radio buttons don't go hand in hand with low mileage. They're signs of heavy use.
History with insurance companies: Many insurance companies record the mileage of vehicles during inspections. By paying a small fee, you can access this history and compare the data.
Vehicle manual: Service checks are usually recorded in the manual. Check that the sequence of kilometers marked makes sense with the age and age of the car.
Test with GPS: Ask to take the car for a ride using your phone's GPS. If the route shows a distance that is incompatible with what is shown on the dashboard, there may be manipulation.
What each sign can indicate
The signs mentioned above are not isolated evidence, but when added together, they can clearly indicate that there has been tampering.
Cracks in the dashboard almost always mean that the speedometer has been tampered with. Badly worn tires on cars that claim to be “new” are another clear sign.
Likewise, interior finishes that show a lot of wear, such as loose seat stitching or a worn steering wheel, don't go well with low mileage. Inspection histories and review manuals with conflicting data are also strong clues.
GPS testing is a modern form of checking. After a short journey, it is already possible to see if there is any inconsistency in the distance data displayed.
The practice of tampering with vehicle mileage, 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 signs described, it is possible to identify inconsistencies and avoid falling for scams.
Paying attention to the car's details, checking its history and being wary of very low mileage are ways to protect yourself.
And, above all, remember that this practice is a crime, with penalties provided for by law. Buying a used car requires care, patience and, above all, attention to the signs.
For a good intentionor a drop is a letter! As for the facts there is no doubt! Now…. Stupidity exists everywhere on the planet!