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Consumer Law Keyed to Whaley, 9th Ed.
Nieto v. Pence
Citation:
578 F.2d 640 (1978)Facts
In 1975, plaintiff Jenny Nieto purchased a 10-year-old pickup truck from defendant Bill Pence, a used car dealer with approximately 12 years of experience in the automobile business, for $600. The odometer reading at the time of sale was 14,736 miles, which Pence disclosed on the required odometer mileage statement disclosure form pursuant to the Motor Vehicle Information and Cost Savings Act. However, Pence did not check the box indicating that the actual mileage was unknown. Pence had purchased the truck from another used-car dealer who certified the odometer reading at 14,290 miles without stating the actual mileage was unknown. Evidence showed that the odometer reading was suspiciously low for a ten-year-old truck, and Pence himself admitted he would be suspicious of such a reading on a vehicle of that age.
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