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When buying or selling a vehicle in Texas, understanding the Texas Odometer Statement form is essential. This crucial document, known formally as the Odometer Disclosure Statement VTR-40, plays a significant role in ensuring transparency regarding the vehicle's mileage during the transfer of ownership. Both federal and state laws mandate disclosure of mileage, making it imperative to provide accurate information. Neglecting this requirement can lead to serious consequences, including fines or even imprisonment. The form includes essential details such as the vehicle's year, make, model, body style, and Vehicle Identification Number (VIN), alongside a certification section where the seller or their agent confirms the accuracy of the odometer reading. Buyers also acknowledge receipt of this odometer declaration, understanding the importance of the information provided. If the odometer's reading cannot be guaranteed—calling into question its authenticity—there are specific options outlined for the seller to denote this discrepancy. Ultimately, the Texas Odometer Statement form protects both buyers and sellers by fostering trust in the transaction process, significantly reducing the potential for future disputes over mileage misrepresentation.

Sample - Texas Odometer Statement Form

(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.

Form Information

Fact Description
Form Name This form is known as the Odometer Disclosure Statement, identified by VTR-40.
Legal Requirement Federal and state laws require sellers to provide accurate mileage during vehicle ownership transfers.
Consequences of False Information Providing false information or failing to complete the form can lead to fines or even imprisonment.
Governing Laws The Texas Transportation Code, specifically §501.155, outlines the penalties for falsifying information on this statement.

Detailed Guide for Filling Out Texas Odometer Statement

Once you have the Texas Odometer Statement form ready, you'll want to complete the required information accurately. Take your time filling it out, as providing incorrect or misleading information could lead to serious consequences. Here’s how to fill out the form step by step:

  1. Fill in the Seller/Agent Name: Write your name or the name of the seller/agent at the top of the form.
  2. Provide Vehicle Information: In the designated fields, include the following details:
    • Year: Enter the year of the vehicle.
    • Make: Write the vehicle's manufacturer brand.
    • Body Style: Describe the body style (e.g., sedan, truck).
    • Model: Specify the model of the vehicle.
    • Vehicle Identification Number (VIN): Enter the unique VIN as listed on the vehicle.
  3. Odometer Reading: State the current odometer reading without decimals.
  4. Certification: Sign the form where indicated, certifying that the mileage is correct to the best of your knowledge. Use your full printed name as well.
  5. Checking Statements (if applicable): If any of the statements regarding mileage apply, check the appropriate box:
    • The mileage is in excess of its mechanical limits.
    • The odometer reading is not the actual mileage.
  6. Buyer/Agent Acknowledgment: Leave space for the buyer/agent to sign and provide their printed name.
  7. Street Address: Fill in the street address, city, state, and zip code for both seller and buyer.
  8. Review the Form: Ensure all information is complete and correct before submitting.

With everything filled out, the form is ready to be handed over for the vehicle transfer process. Be sure to keep a copy for your records, as it might be needed down the line.

Obtain Answers on Texas Odometer Statement

  1. What is the purpose of the Texas Odometer Statement form?

    The Texas Odometer Statement form, also known as VTR-40, is required by federal and state law to provide an accurate record of the vehicle's mileage during ownership transfer. This form serves to protect both the buyer and the seller by ensuring transparency regarding the vehicle's usage and condition. Completing this form helps to prevent any discrepancies that could arise from false odometer readings.

  2. Who is required to complete the Texas Odometer Statement?

    Both the seller and the buyer or their agents must complete the Texas Odometer Statement. The seller certifies the odometer reading, affirming that it reflects the actual mileage unless specific conditions are checked. The buyer acknowledges this certification, understanding the implications of the odometer disclosure made by the seller. This dual acknowledgement helps to ensure that both parties are in agreement regarding the vehicle's mileage.

  3. What happens if the form is not completed accurately?

    Failing to complete the Texas Odometer Statement accurately can lead to serious consequences. Both federal and state laws impose penalties for providing false information. This can range from fines to more severe criminal charges, including imprisonment. To avoid these repercussions, it is crucial that the information included in the form is truthful and complete, and any discrepancies should be disclosed clearly.

  4. Is the Texas Odometer Statement form necessary for vehicles with titles issued before April 29, 1990?

    No, the Texas Odometer Statement form is not required for vehicles that have certificates of title issued before April 29, 1990. The form is specifically aimed at compliance with federal and state odometer disclosure requirements for vehicles titled after that date. For older vehicles, different documentation may apply, so it's important to verify the requirements relevant to the specific vehicle and its title history.

Common mistakes

Filling out the Texas Odometer Statement form can seem straightforward, but mistakes often occur. One common error is failing to provide the correct vehicle identification number (VIN). This number is crucial for accurately identifying the vehicle. Omitting or miswriting the VIN can lead to significant issues during the title transfer process.

An incomplete or inaccurate odometer reading is another frequent mistake. The form requires the odometer reading without tenths. Thus, rounding the number may seem harmless, but it can actually distort the information being shared. Sellers must ensure that they report the mileage accurately to avoid complications.

People sometimes overlook the acknowledgment section where the buyer must sign. Without this signature, the form lacks completeness. This oversight can result in a delay in processing the title transfer, causing frustration for both parties involved.

In addition, some individuals neglect to check the statements regarding odometer discrepancies. It's essential to indicate if the mileage exceeds mechanical limits or is not actual mileage. Failing to make these distinctions leaves room for potential misunderstandings or accusations of fraud.

Another common pitfall involves printing names incorrectly. The form requires the printed name to match the signature, which helps validate the document. When these names don’t align, it raises questions about the authenticity of the form.

Providing an incomplete address is also a mistake that can complicate title transfer. An accurate street address, including city, state, and zip code, ensures that all parties can be properly identified and contacted if necessary.

Not adhering to the form’s instructions regarding firms is another area of confusion. If a vehicle is being sold under a business name, it must be clearly stated. Skipping this can lead to misattributed ownership, which could cause legal issues down the road.

Signatures must also be current and not dated in the past. A dated signature that doesn’t match the transfer date could call into question the validity of the document. Buyers and sellers must pay close attention to the signing process.

Some individuals fail to keep copies of the completed form. Retaining a record for personal files is important. This protects against disputes that may arise later regarding the odometer reading or ownership.

Lastly, submitting the form without understanding the legal implications can be risky. Individuals often underestimate the seriousness of falsifying information. It is vital to read and comprehend the warnings included in the form.

Documents used along the form

When transferring ownership of a vehicle in Texas, several documents often accompany the Texas Odometer Statement form. Understanding these documents can help streamline the process and ensure compliance with state regulations. Here’s a brief overview of some of the key forms typically used alongside the odometer statement.

  • Texas Certificate of Title: This is the primary document that proves ownership of a vehicle. It provides essential details about the vehicle, including its make, model, and vehicle identification number (VIN). The title must be signed over from seller to buyer during a sale.
  • Bill of Sale: A bill of sale records the transaction between the buyer and seller. It includes details such as the purchase price, date of sale, and identification of both parties. Though not always required, it serves as proof of the transfer.
  • Application for Texas Title (Form 130-U): Buyers must complete this application to obtain a new title in their name. This form captures the vehicle information and personal details of the new owner and must be submitted to the Texas Department of Motor Vehicles for processing.
  • Vehicle Registration Application (Form VTR-66): This form is necessary for registering the vehicle with the state. Registration establishes the vehicle's legality for use on public roads. It is typically submitted after obtaining the title.
  • Notice of Sale (Form VTR-346): This document serves as a notification to the Texas Department of Motor Vehicles that the vehicle has been sold. It protects the seller from liability for the vehicle after the sale has been completed.

Being aware of these additional forms can help facilitate a smooth transaction when buying or selling a vehicle. Proper documentation is crucial for establishing clear ownership and ensuring compliance with Texas laws, thus protecting both the buyer and the seller in the process.

Similar forms

  • Vehicle Bill of Sale: This document outlines the sales transaction for a vehicle. Like the Odometer Statement, it requires the seller to declare the odometer reading and provide transparency regarding the vehicle's condition and ownership.
  • Application for Texas Title: This form is necessary when transferring a vehicle's title in Texas. It includes odometer disclosure requirements similar to the Odometer Statement, ensuring accurate mileage representation during ownership changes.
  • Vehicle Title Transfer Form: Used when a vehicle's ownership changes hands, this document also necessitates odometer disclosure. It protects both the buyer and seller by confirming the accuracy of the vehicle's mileage at the time of transfer.
  • Odometer Disclosure Statement (Federal Form): Required under federal law, this form is similar in purpose to the Texas Odometer Statement. It mandates the seller disclose the odometer reading and notify the buyer of any discrepancies or issues.
  • Notice of Transfer and Release of Liability: This document is used by sellers to notify the state of a vehicle sale. While it primarily focuses on liability, it may also require mileage disclosure to prevent future disputes about the vehicle's condition.

Dos and Don'ts

When completing the Texas Odometer Statement form, it's crucial to get it right. Here’s a list of things you should and shouldn't do:

  • Do ensure all vehicle details are accurately filled out, including Year, Make, and VIN.
  • Don’t leave any required sections blank; all fields must be completed.
  • Do check the odometer reading carefully before providing it.
  • Don’t provide an estimated mileage; state the actual reading without any tenths.
  • Do sign the form with the same name as it appears printed on the document.
  • Don’t try to alter or erase any information on the form once it's filled out.
  • Do understand the implications of providing false information; it potentially leads to legal consequences.
  • Don’t assume the buyer knows about odometer disclosure requirements; clarify if necessary.
  • Do keep a copy of the completed form for your records.

Following these guidelines helps ensure a smooth transaction and protects both the buyer and seller during the vehicle transfer process.

Misconceptions

Understanding the Texas Odometer Statement form can be tricky. Many people hold misconceptions about it. Here’s a breakdown of five common misunderstandings to help clarify the purpose and use of this important document.

  • It can be used with any title transfer. Many believe that the Odometer Statement form can be paired with any title transfer documents. However, this form is only necessary when transferring vehicles that do not have an accompanying Texas Certificate of Title issued on or after April 29, 1990.
  • Anyone can fill it out. Another misconception is that anyone involved in the transaction can complete the form. In fact, only the seller or their agent is responsible for certifying the odometer reading.
  • Odometer mileage can be estimated. Some assume it’s acceptable to provide estimated mileage. This is misleading. The form must state the actual mileage, and any inaccuracies can lead to serious legal consequences.
  • Fines are rare for slip-ups. Many people think that minor errors won’t lead to penalties. In reality, providing a false statement or failing to complete the form can result in hefty fines or even imprisonment.
  • It’s only necessary for used vehicles. It's a common belief that Odometer Statements are only required when selling used cars. However, even newer vehicles require this disclosure to ensure transparency regarding mileage history.

Being informed about these misconceptions can help ensure that the process of vehicle transfer goes smoothly. Properly completing the Texas Odometer Statement form protects everyone involved and adheres to federal and state laws.

Key takeaways

Filling out the Texas Odometer Statement form is a critical process when transferring vehicle ownership. Here are essential points to keep in mind:

  • Accuracy is essential. Ensure that the odometer reading reflects the actual mileage at the time of sale. Misrepresentation can lead to severe penalties.
  • Legal consequences. Both federal and state laws mandate correct odometer disclosures. Falsifying information may result in fines or even imprisonment.
  • Complete all required sections. Fill in the vehicle details, including year, make, model, and Vehicle Identification Number (VIN). Incomplete forms may delay the title transfer.
  • Check necessary boxes. If applicable, indicate if the mileage exceeds mechanical limits or is not the actual mileage. Be aware of the warning regarding discrepancies.
  • Both seller and buyer must sign. Ensure that both parties acknowledge the odometer disclosure to avoid future disputes and protect against liability.