Buyer of Mercedes with falsified mileage loses case and bears legal costs

The pre-owned vehicle market, although attractive to many consumers looking for opportunities, carries significant risks that can turn a good deal into a big loss. Purchasing a car with a falsified history, especially the mileage, is one of the most common and damaging traps.

A recent case perfectly illustrates this vulnerability. A man purchased a used Mercedes C 220 from a dealership in Reggio Emilia, Itália, in December 2021, paying 19,000 euros. At the time of purchase, the odometer registered approximately 90,000 kilometers, appearing to be an excellent opportunity to acquire a model with a high market value.

However, three years after purchase, in 2024, the vehicle presented a problem with the AdBlue system. When taking it for repair at an authorized Mercedes workshop, the owner was surprised to discover that the car’s actual mileage was 300,000 kilometers, an exorbitant difference of 160,000 kilometers in relation to what was announced at the time of sale, after discounting what he had driven himself.

Surprising court decision

Upon discovering the fraud, the buyer decided to take legal action. Ele requested a full refund of the amount paid by Mercedes and compensation for damages, in addition to the return of the vehicle to the dealership responsible for the sale. However, Tribunal of

Consumer legislation and the deadline

The rejection of the court request was based on the strict application of the Italian Código. The judge responsible for the case used the two-year period established by law, which starts counting from the date of delivery of the vehicle to the buyer.

As the purchase of the Mercedes was made in December 2021, the legal deadline for filing the action expired in December 2023. The discovery of the mileage tampering, which only occurred in 2024, was considered late for procedural purposes, resulting in the appeal being rejected without the merits of the dealership’s liability being even analyzed.

Growing threat of odometer fraud

Odometer tampering is a globally widespread criminal practice, with considerable financial impacts. Estudos recent reports indicate that Europa loses around 5.3 billion euros annually due to this fraud, with Itália recording an estimated loss of more than 467 million euros. Consumidores who purchase vehicles with modified mileage pay, on average, 26% more than the car’s real value and face unexpectedly early maintenance costs.

From a technical standpoint, changing mileage may seem simple, involving tools that connect to the electronic control unit (OBD). Contudo, mileage is stored in multiple locations on the vehicle, such as ABS control units, ESP and headlight modules. Marcas like BMW, for example, record this data even on the ignition key, which allows authorized workshops to detect anomalies through detailed diagnosis.

Recommendations for used car buyers

The story serves as a stark warning of the importance of caution and vigilance in the used car market. It is essential to adopt strict preventative measures and be wary of offers that seem “too good to be true”. Investir in detailed inspections and consulting the vehicle’s complete history can avoid headaches and future losses.