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Article #8949

Re: Odometer Rollbacks Common in Canada?

#8949
From: caravan
Date: Sun, 05 Sep 1999 00:00
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5349 bytes
How do you know that your odometer hasn't been altered when you buy
a used car?  The answer is, in Alberta, and probably in most
provinces except for Ontario, you don't!

Recently I read a book called "Lemon-Aid" by a Canadian author named
Phil Edmonston.  (He's written at least a couple.)  If you haven't
read his book, and you want an eye-opener, get it!
It sells in paperback at the Superstore for about $15.

In one of his books, he quotes these two paragraphs:

   "It's often too dangerous for the dealer to turn back the
    mileage, so independent outfits are hired to pick up the car or
    visit the dealership and "fix" the odometer, a practice allowed
    under Canadian Federal law.  For more recent models, a computer
    chip that turns back the odometer reading can be inserted for
    less than $50."    

   "Until Federal and provincial statutes are toughened, and
   convictions result in severe pentalties to anyone engaging in
   this practice, (American laws allow citizens to sue for triple
   damages plus lawyer and court costs), the best protection from
   this fraud is to demand that the dealer put the mileage figure on
   the contract and give you the name and address of the previous
   owner as well as all repair shops.  It would be smart to demand
   the same things of a private seller."

Recently in my area someone was caught for odometer rollback.
Police deny that this is common and have said that Phil Edmonston is
"wrong" in saying that the issue is legal.

While, in "theory" the police are right, in "reality" Phil Edmonston
is right.  It  may be "technically" illegal, but "officially" is the
word that counts.  Canadian law permits so much dealer secrecy that
consumers are simply "unable" to discover the fraud, which makes
it    "appear"   as though it's almost never done.

The fact that no law states that dealers must give, to the buyer,
copies of previous maintenance papers, and/or the name of the
previous owner, would most certainly encourage fraud.

Canadian dealers, for the most part, are adamant in their refusal to
provide buyers with either the name of the previous owner or with
prior maintenance reports. 

No major body in the country, outside of possibly Ontario, keeps
track of vehicle maintenance, so there's no way for Canadians to
find out. 

Well maybe I shouldn't say "no" way.  There are two extremely
difficult ways to find out:
One is to do a great deal of detective work and find out the
information yourself -- and I mean a great deal!!  The other is to
pay $160 to have your odometer taken apart.  Chances are that if you
didn't have enough money for a "new" car,  you won't have $160 for
this, either, at least not without great suspicion.  And where would
that suspicion come from without the paperwork?   Most Canadians
simply sit back and say "Dammit, that used car was bad" and assume
it was "luck of the draw."  Don't tell me that dealers wouldn't know
exactly which types of people to target.

I see no reason at all why the Alberta government, and the Canadian
for that matter, can't pass laws similar to those used in the United
States, thereby offering Canadians the same protection Americans
have.  I also see no reason why they can't pass laws stating that
the dealers "must" give buyers prior maintenance records and/or the
name of the previous owner.    If a sale is "fair and ethical" for
the true value of the vehicle, why not?  

Recently I called my MP regarding the topic.  His secretary's reply
was to write a letter and if they felt it was important, they might
look at it -- but they did have a lot of issues to deal with.
While the  issue may not be important to the wealthy who can afford
the best cars, it is "very" important to the thousands of us who
can't, especially when it can be solved so easily.  Swend Robinson,
if you have time to introduce into the House, a petition that  God
be exclused from the Constitution, do you suppose other MP's might
have time to bring up a silly issue like this?
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From: caravan@cadvision.com
Subject: Re: Odometer Rollbacks Common in Canada?
Date: 1999/09/05
Message-ID: <37d2f1d8.6441850@news.cadvision.com>
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Organization: CADVision Development Corporation (http://www.cadvision.com/)
Newsgroups: misc.consumers,can.legal,can.politics,ab.politics,ab.general,edm.general,misc.legal,alt.consumers.auto-service,alt.autos.dodge.trucks