Automobile Fraud: 5.8.8 Inferring Intent from Dealer’s Failure to Investigate
An intent to defraud can be inferred even when the odometer disclosure provided to the dealer indicates that the mileage is accurate. Dealers have a duty to inspect and make an independent determination when they have reason to suspect a previous disclosure is inaccurate.386
Congress explicitly rejected including language in the Act which would have permitted reliance on the disclosure of the previous owner.387 The Senate Report states: