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Odometer fraud can lead to up to five years in prison in Brazil and requires attention from used car buyers in light of wear signs, maintenance history, and precautionary inspection
Altered mileage in used vehicles can lead to up to five years in prison in Brazil, in addition to fines, and raises an alert for buyers who rely on the odometer to assess wear, maintenance, and price.
Odometer fraud became a target of legislation
The odometer records the distance traveled by the car and helps indicate the overall condition of the vehicle. When this data is altered to show lower mileage, the buyer may pay more for a car with hidden wear.
The practice known as “rolling back mileage” has received more attention from authorities with the strengthening of legislation on odometer tampering.
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The fraud can affect nearly new and used cars sold by individuals, intermediaries, or companies.
Depending on the situation, the conduct can be classified as fraud, provided for in article 171 of the Penal Code. In this case, the penalty ranges from one to five years of imprisonment, plus a fine.
When altered mileage involves dealerships or agencies, it can also be classified under Law No. 8,137/1990, aimed at crimes against consumer relations. The provision is for detention of two to five years.
Technology made the fraud more sophisticated
The frauds are not limited to analog panels. Experts warn that modern vehicles require greater attention because electronic systems can also be manipulated by those trying to hide the real mileage.
Fraudsters use reprogramming of electronic modules, changes in control units, replacement of components, and devices capable of modifying the reading displayed on the panel. Maintenance and revision alerts can also be erased.
This type of alteration increases financial loss and creates a safety risk. Mechanical problems may be masked, while future maintenance is hindered by false information.
Even with searches for “kit to lower mileage,” experts emphasize that the practice is illegal. Sellers and intermediaries involved may face civil and criminal consequences.
How to notice signs of altered mileage
Identifying fraud requires observing technical details and signs of use that do not match the mileage shown on the dashboard. The physical wear of the car can reveal inconsistencies before purchase.
Among the main indicators are worn pedals, deformed seats, worn steering wheel, tires incompatible with low mileage, and discrepancies in maintenance records. These signs may indicate that the vehicle has been driven more than it appears.
Oil change labels, service receipts, and dealership histories help in checking. If any record shows mileage higher than currently displayed, the suspicion of tampering becomes stronger.
Experts recommend a cautious inspection with an electronic scanner before purchase. The equipment accesses internal modules and identifies the actual mileage recorded in electronic systems, even after changes to the dashboard.
Buyer can seek redress in Court
Those who buy a vehicle with tampered mileage can seek legal redress based on the Consumer Protection Code. The response depends on the case and the evidence gathered by the buyer.
Possible measures include a reduction in the amount paid, compensation for material and moral damages, or even annulment of the contract. Technical reports, cautious inspections, and maintenance documents help prove the fraud.
If the owner discovers the alteration later, they can also regularize the situation. The procedure involves a technical report issued by a specialized workshop, correction of the odometer, and updating the information with the DMV.
Prevention reduces risk of loss
In used cars, experts emphasize the importance of being careful before purchase. The recommendation is to prioritize stores with a solid reputation and require a formal contract.
It is also important to check services and be wary of offers below the average price. The combination of documents, automotive scanner, and cautious inspection helps avoid losses.
With information from Diário do Comércio.
