Supreme Court: car dealers convicted for tampering with a speedometer

If you are selling your car and tamper with the odometer to reduce the mileage in order to secure a higher price, you are committing fraud. This can result in both a prison sentence ranging from 6 months to 10 years (with the latter applying if the car’s value is high) and a financial penalty. Additionally, you may be required to return part of the sale price, as the value of the car is reduced based on the kilometers that were erased from the odometer.

A 67-year-old man and his son visited a car dealership owned by two brothers to purchase a used car. The dealership employee showed them a car with a 1,800cc engine, registered in October 2008, which appeared to be in excellent condition. The brothers assured the potential buyer that the car had only 44,000 kilometers on it and showed them the odometer, which indeed displayed the mileage they claimed.

Failure to Provide Documents

They eventually agreed on a purchase price of 9,350 euros. The 67-year-old asked for the service book, which records the actual mileage, as well as the vehicle inspection papers and registration, to verify the car’s condition. However, the two businessmen skillfully avoided handing over the documents. The new owner paid the full 9,350 euros.

Excited, he began driving the car, but his joy was short-lived. Just two days after the purchase, the car broke down due to engine oil combustion issues, specifically with the oil filter. The man took the car to an authorized dealership for servicing and necessary repairs.

Shocked Discovery

There, the mechanic informed him, much to his surprise, that the car had actually traveled 149,162 kilometers—100,000 more than what the odometer displayed. The case was taken to court. The defrauded buyer claimed he had suffered a financial loss of 5,450 euros, representing the difference in value of the car. The two brothers, however, argued that the 67-year-old had tampered with the odometer himself in an attempt to claim compensation.

This argument was rejected by the judges, as there was no evidence of any manipulation or illegal motives on the buyer’s part. On the contrary, the court found that the buyer had officially notified the sellers that “the odometer reading had been altered,” a fact he discovered when the car was taken to the dealership.

Test Drive Refusal

The court also found no proof that the businessmen had given the buyer a vehicle inspection report (KTEO) showing the odometer reading as “132,463 kilometers.” Additionally, they refused to allow the buyer to take the car for a test drive before purchasing it, and they also refused to provide the car’s service books.

In the end, the claims of the two businessmen were deemed unconvincing by the Piraeus Misdemeanor Court, resulting in their conviction for joint fraud and an 8-month prison sentence each. They were also ordered to return 5,450 euros to the buyer with interest, due to the difference in the car’s value. The Sixth Criminal Division of the Court of Cassation rejected all the businessmen’s appeals to overturn the conviction as unfounded.

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