Nissan Dealer Sued Over Used Car With Conflicting Titles and Mileage

Judge Allows Lawsuit Against Nissan Dealership to Proceed

A federal judge has ruled that a customer may sue a Nissan dealership over the sale of a used vehicle with conflicting titles and unclear mileage. The case involves a 2019 Nissan Altima sold by Serra Nissan in Birmingham, Alabama, and was first reported by Automotive News.

U.S. District Judge Annemarie Axon of the Northern District of Alabama said buyer Zachary Hopkins can pursue claims including fraud, misrepresentation, violations of the federal Odometer Act, breach of warranty, and related allegations. Hopkins purchased the Altima in November 2021 for $25,180. The vehicle was sold as-is. At the time of sale, the odometer read 55,424 miles. That figure also appeared on the odometer disclosure form and title application, according to the ruling.

Conflicting Titles and Disclosure at Issue

Axon found that Hopkins plausibly alleged Serra Nissan failed to disclose material vehicle history information. The dealership had a Carfax report showing that both Alabama and Indiana issued titles for the Altima at about the same time. The Indiana title was branded “not actual mileage,” indicating the true mileage could not be verified. The judge also cited a 30-minute video recorded during the transaction.

According to the ruling, the salesperson allegedly provided Hopkins with only the first page of the Carfax report to sign. That page did not disclose the dual titles or mileage issue.

Problems surfaced months later. In July 2022, Hopkins attempted to trade in the Altima at another Serra dealership but was turned down because of the branded title. Serra Nissan later also declined to take the vehicle in trade. Axon dismissed a claim for negligent hiring, training, and supervision, finding no evidence that Serra Nissan employees were incompetent or that the dealership knew of any such issues. The remaining claims will move forward. A jury trial is scheduled to begin on April 20, according to Hopkins’s attorney. Serra Nissan’s lawyer declined to comment.

Conflicting Titles and Disclosure at Issue

The ruling underscores a broader issue in the used-car market. Industry estimates suggest roughly 2.45 million used vehicles on U.S. roads may have inaccurate or manipulated mileage. In many cases, the problem stems from traditional odometer rollbacks. In others, it stems from inconsistent records as vehicles move across state lines, creating gaps between titles, vehicle history reports, and disclosures.

Odometer disputes are also evolving as vehicles become more software-driven. Even Tesla doesn't come out unscathed. In at least one high-profile case, owners alleged that mileage accumulation did not reflect real-world driving, potentially accelerating warranty expiration. Together, these cases show that odometer accuracy is no longer just a mechanical issue.

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