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Misconceptions

Misconceptions about the Texas Odometer Statement form can lead to confusion and potential legal issues. Here are four common misunderstandings:

  • The form is optional for all vehicle sales. Many people believe that the Texas Odometer Statement form is optional. In reality, it is required by federal and state law whenever ownership of a vehicle is transferred. Failing to provide this form can lead to fines or even imprisonment.
  • Odometer readings can be estimated. Some individuals think they can provide an estimated odometer reading. This is incorrect. The form requires the actual mileage of the vehicle. Providing false information, even if unintentional, can have serious legal consequences.
  • It can be used with any title transfer document. There is a belief that the Odometer Statement can be used alongside any title transfer paperwork. However, it cannot be used with title transfer documents that already meet federal and state odometer disclosure requirements, such as Texas Certificates of Title issued after April 29, 1990.
  • Only the seller needs to sign the form. Some assume that only the seller’s signature is necessary. In fact, both the seller and the buyer (or their agents) must acknowledge the odometer disclosure by signing the form. This ensures that both parties are aware of the odometer certification.

File Details

Fact Name Description
Form Title The official name of the form is the Odometer Disclosure Statement, designated as VTR-40.
Governing Laws This form is governed by both federal and state laws, specifically under the Texas Transportation Code.
Legal Requirement Both federal and state laws require sellers to disclose the vehicle's mileage during the transfer of ownership.
Consequences of False Statements Providing a false odometer statement may lead to fines and/or imprisonment, emphasizing the importance of accuracy.
Limitations on Use This form cannot be used with title transfer documents that meet federal and state odometer disclosure requirements.
Odometer Reading Certification The seller certifies that the odometer reading reflects the actual mileage unless specific conditions are noted.
Buyer Acknowledgment The buyer or agent must acknowledge the odometer certification made by the seller, confirming awareness of the statement.

Key takeaways

When filling out the Texas Odometer Statement form, it is essential to keep several key points in mind to ensure compliance and accuracy. Here are some important takeaways:

  • Purpose of the Form: This form is required by federal and state law to disclose the vehicle's mileage during ownership transfer.
  • Consequences of Inaccuracy: Providing false information or failing to complete the form can lead to fines or even imprisonment.
  • Use with Caution: The Texas Odometer Statement cannot be used alongside title transfer documents that already meet disclosure requirements.
  • Information Required: You must include details such as the vehicle's year, make, model, body style, and Vehicle Identification Number (VIN).
  • Certification: Sellers must certify that the odometer reading reflects the actual mileage unless specific exceptions are indicated.
  • Buyer Acknowledgment: The buyer or agent must acknowledge the odometer certification by signing the form.
  • Legal Implications: Falsifying information on this form is considered a third-degree felony under Texas Transportation Code.

Ensuring that all information is accurate and complete will help facilitate a smooth transaction and protect all parties involved.

Dos and Don'ts

When filling out the Texas Odometer Statement form, it is essential to follow the guidelines carefully. Below is a list of things you should and shouldn't do to ensure accurate completion.

  • Do provide the correct vehicle identification number (VIN) to avoid discrepancies.
  • Do clearly state the odometer reading without tenths to meet the form's requirements.
  • Do check the appropriate box if the mileage is not actual or exceeds mechanical limits.
  • Do sign and date the form to validate your statement.
  • Do include your printed name as it appears on the signature line.
  • Don't leave any sections blank; ensure all fields are filled out completely.
  • Don't provide false information, as it may lead to serious legal consequences.
  • Don't use this form for title transfers; it must be separate from other documents.
  • Don't forget to inform the buyer/agent of the odometer certification made by you.
  • Don't fail to acknowledge the form's warnings regarding falsifying information.

Common mistakes

  1. Neglecting to Provide Accurate Mileage: One of the most critical mistakes is failing to report the correct odometer reading. Always double-check the mileage before filling out the form.

  2. Omitting Required Information: Ensure that all fields are filled out completely, including the vehicle description and seller/agent details. Leaving any section blank can lead to complications.

  3. Forgetting to Sign: The form requires signatures from both the seller and the buyer. Not signing the document renders it invalid.

  4. Using Tenths in Odometer Reading: The odometer reading must be stated without tenths. Providing a reading with decimals can cause confusion and may invalidate the statement.

  5. Not Checking the Correct Statement: If the mileage is not accurate, be sure to check the appropriate box indicating that the odometer reading is not the actual mileage.

  6. Failing to Acknowledge the Disclosure: The buyer must acknowledge the odometer disclosure. Forgetting this step can lead to disputes later on.

  7. Incorrectly Filling Out the Vehicle Identification Number (VIN): The VIN must match the vehicle exactly. An error here can complicate the title transfer process.

  8. Not Including the Date: Every signature must be accompanied by the date it was signed. Omitting this detail can create confusion about when the transaction occurred.

  9. Using an Outdated Version of the Form: Ensure that you are using the most recent version of the Texas Odometer Statement form. Using an old version can lead to issues with compliance.

  10. Ignoring Legal Consequences: Many people underestimate the seriousness of providing false information. Be aware that this can lead to significant legal repercussions.

What You Should Know About This Form

  1. What is the Texas Odometer Statement form?

    The Texas Odometer Statement form, also known as VTR-40, is a document required by federal and state law. It must be completed when transferring ownership of a vehicle. This form ensures that the mileage stated is accurate and helps prevent odometer fraud.

  2. Who needs to complete the Odometer Statement?

    The seller or their authorized agent must complete the Odometer Statement when selling a vehicle. This includes individuals and firms. The buyer or their agent must also acknowledge the odometer certification.

  3. What information is required on the form?

    The form requires several key pieces of information:

    • Year of the vehicle
    • Make of the vehicle
    • Body style
    • Model
    • Vehicle Identification Number (VIN)
    • Odometer reading
  4. What happens if the form is not completed correctly?

    Failure to complete the Odometer Statement accurately can result in serious consequences, including fines and possible imprisonment. It's essential to provide truthful and precise information.

  5. What does it mean if the odometer reading is not the actual mileage?

    If the seller checks the box indicating that the odometer reading is not the actual mileage, it signifies that there may be discrepancies. This warning alerts the buyer to potential issues with the vehicle's mileage history.

  6. Can the Odometer Statement be used with title transfer documents?

    No, the Odometer Statement form cannot be used in conjunction with title transfer documents that comply with federal and state odometer disclosure requirements. For vehicles titled in Texas on or after April 29, 1990, a separate title document must be used.

  7. What is the penalty for falsifying information on the form?

    According to Transportation Code, §501.155, falsifying information on the Odometer Statement is considered a third-degree felony. This highlights the importance of providing accurate information.

  8. How does the buyer acknowledge the odometer disclosure?

    The buyer or their agent must sign the form to acknowledge the odometer disclosure made by the seller. This signature confirms that the buyer is aware of the odometer reading and any discrepancies noted.

  9. Where can I obtain the Texas Odometer Statement form?

    The Texas Odometer Statement form (VTR-40) can typically be obtained from the Texas Department of Motor Vehicles website or local county tax offices. Ensure that you have the most recent version of the form for your transaction.

Texas Odometer Statement Example

(Seller/Agent Name)

ODOMETER DISCLOSURE

STATEMENT

VTR-40 (Rev. 11/09)

DHT # 142235

Federal and State Law require that you state the mileage in connection with the transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. This form may not be used in conjunction with title transfer documents, which comply with federal and state odometer disclosure requirements such as Texas Certificate of Titles issued on or after April 29, 1990.

VEHICLE DESCRIPTION

Year

Make

Body Style

Model

Vehicle Identification Number

I, ______________________________________________, certify to the best of my knowledge that the odometer reading is

the actual mileage of the vehicle described above unless one of the following statements is checked:

Odometer

Reading

(No Tenths)

1.The mileage stated is in excess of its mechanical limits.

2.The odometer reading is not the actual mileage.

WARNING – ODOMETER DISCREPANCY.

Date ofSignature of Seller/AgentPrinted Name (Same as Signature) Statement

If titled in a firm’s name, print the firm’s name on the line above.

Street Address

City

State

Zip Code

ACKNOWLEDGMENT OF ODOMETER DISCLOSURE BY BUYER/AGENT

I am aware of the above odometer certification made by the seller/agent.

Date of

Signature of Buyer/Agent

Printed Name (Same as Signature)

Statement

 

 

If purchased by a firm, print the firm’s name on the line above.

Street Address

City

State

Zip Code

WARNING: TRANSPORTATION CODE, §501.155, PROVIDES THAT FALSIFYING INFORMATION ON ANY REQUIRED STATEMENT OR APPLICATION IS A THIRD-DEGREE FELONY.