Can selling a car with its mileage rolled back constitute fraud?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Summary: In a complaint alleging that the mileage shown on a used car had been rolled back, the Court of Cassation overturned a decision not to prosecute that had been based on the reasoning that ‘the buyer could have checked the mileage records themselves.’
A complaint by a used-car buyer who later learned that the vehicle’s mileage had allegedly been rolled back raised an important issue in criminal law. The 11th Criminal Chamber of the Court of Cassation stated that the buyer’s ability to check past records does not, by itself, eliminate suspicion of fraud. It indicated that the vehicle’s history, inspection information, market value, and how the mileage rollback occurred should be investigated.
Attorney Aylin Esra Eren explained the circumstances in which criminal liability may arise in used-car sales.
Question: Is selling a car with its mileage rolled back automatically fraud?
Attorney Aylin Esra Eren: An inaccurately displayed mileage is a significant fact, but criminal liability requires the elements of the offence of fraud to be present in the specific case. Deceptive conduct, deception, loss, and unjust gain must be considered together. Therefore, it would be incorrect to automatically classify every mileage dispute as fraud.
Question: Does a buyer lose their rights if they did not check the mileage records before purchasing the car?
Attorney Aylin Esra Eren: The fact that the buyer did not check does not make it unnecessary to investigate whether the seller engaged in fraudulent conduct. An important aspect of the Court of Cassation’s ruling is that closing the criminal investigation was not considered sufficient merely because the buyer could have made an inquiry. Whether fraud occurred must nevertheless be determined following an investigation.
Question: What documents should be kept when buying a car?
Attorney Aylin Esra Eren: Keep a screenshot of the listing, the sales agreement, the vehicle inspection report, proof of payment, mileage and inspection records, and correspondence with the seller. Since a civil lawsuit or criminal investigation may arise because of a defect in the vehicle, it is important to preserve the documents.