i thought it was a possibility that he bought it after the "work" was done to the odometer, but the "Free VIN Checks" thread that just popped up:
http://www.toyota-4runner.org/3rd-gen-t4rs/117089-free-vin-checks.html
showed me that he smogged it on 11/28/11 at 201,785 miles. I bought it 12/4/11 with 102,089 miles!!!! So he obviously he committed the fraud just days before selling it to me. And, its easy to imagine that all they had to do was turn the 2 back to a 1. Not to mention the ad said it had 98k on it, and when i arrived it had 102k on the odometer. Fishy.... dont know how i went through with buying this thing.
I think the small claims court is definitely my best bet, the cost of legal council would eat a huge chunk out of any money i could get back.