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Misconceptions

Many people have misunderstandings about the Texas Odometer Statement form. Here are six common misconceptions explained:

  • The form is optional. Some believe that the Texas Odometer Statement is optional when selling a vehicle. In reality, it is required by federal and state law to disclose the mileage during the transfer of ownership.
  • Any mileage statement is acceptable. There is a misconception that any statement about mileage is fine. However, providing false information or failing to complete the form accurately can lead to serious penalties, including fines and imprisonment.
  • It can be used with any title transfer documents. Many think the Odometer Statement can be used alongside any title transfer documents. This is incorrect. The form cannot be used with title documents that already comply with odometer disclosure laws.
  • 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.
  • The form is the same for all vehicles. A common belief is that the Odometer Statement is uniform across all vehicles. However, the form must be filled out specifically for each vehicle, including details like the Vehicle Identification Number (VIN) and the make and model.
  • Odometer discrepancies are not serious. Some individuals think that discrepancies in odometer readings are minor issues. This is misleading. A warning is included on the form, indicating that falsifying information can result in severe legal consequences, including being charged with a third-degree felony.

Steps to Writing Texas Odometer Statement

After obtaining the Texas Odometer Statement form, you will need to carefully fill it out to ensure compliance with state and federal laws regarding vehicle ownership transfer. This process is essential for accurately documenting the vehicle's mileage and protecting both the seller and buyer. Follow the steps outlined below to complete the form correctly.

  1. Begin by entering the Seller/Agent Name at the top of the form.
  2. Fill in the Vehicle Description section, which includes the following details:
    • Year of the vehicle
    • Make of the vehicle
    • Body Style (e.g., sedan, truck, etc.)
    • Model of the vehicle
    • Vehicle Identification Number (VIN)
  3. In the Odometer Reading section, write the current mileage of the vehicle. Do not include tenths of a mile.
  4. Next, you must certify the odometer reading by signing your name in the designated area. Print your name below your signature, ensuring it matches your signature.
  5. If the vehicle is titled in a firm’s name, make sure to print the firm’s name on the line provided above your signature.
  6. Complete your Street Address, City, State, and Zip Code in the appropriate fields.
  7. For the buyer's acknowledgment, the buyer or their agent must sign and print their name in the designated area, just as the seller did.
  8. If the buyer is a firm, the firm’s name should be printed on the line provided above their signature.
  9. Lastly, fill out the buyer's Street Address, City, State, and Zip Code in the spaces provided.

Once you have completed the form, ensure that all information is accurate and legible. It is advisable to keep a copy for your records before submitting it as part of the vehicle transfer process. This careful attention to detail helps avoid potential legal issues and ensures a smooth transaction.

Common mistakes

Filling out the Texas Odometer Statement form can be straightforward, but mistakes can lead to complications. One common error is failing to provide the correct odometer reading. This reading must be accurate and should not include tenths. If the reading is incorrect, it could lead to legal issues or fines.

Another mistake people often make is neglecting to check the appropriate box regarding the odometer status. The form includes options for indicating if the mileage is beyond mechanical limits or if the odometer reading is not the actual mileage. Not checking one of these boxes can create confusion and may result in the form being rejected.

Many individuals also forget to include their signature on the form. The signature is essential, as it certifies that the information provided is accurate to the best of the seller's knowledge. Without a signature, the document may not be valid, and this could delay the transfer of ownership.

Lastly, people sometimes overlook the need to fill in the buyer’s information correctly. This includes the buyer's name, address, and signature. If any of this information is missing or incorrect, it can cause problems when the buyer attempts to register the vehicle. Ensuring that all fields are completed accurately is crucial for a smooth transaction.

Form Data

Fact Name Description
Form Title The form is officially known as the Odometer Disclosure Statement, VTR-40.
Governing Laws This form complies with both federal and Texas state laws regarding odometer disclosures.
Purpose It serves to record the vehicle's mileage during the transfer of ownership.
Consequences of Misstatement Providing false information on this form can lead to fines or imprisonment.
Restrictions This form cannot be used alongside title transfer documents that meet federal and state odometer requirements.
Legal Reference Transportation Code, §501.155, states that falsifying information on this statement is a third-degree felony.

Frequently Asked Questions

  1. What is the Texas Odometer Statement form?

    The Texas Odometer Statement form, also known as VTR-40, is a legal document required by both federal and state laws. It is used during the transfer of vehicle ownership to disclose the vehicle's mileage. This form ensures that the buyer is aware of the actual mileage on the vehicle, helping to prevent fraud and protect consumers.

  2. Why is it important to complete the Odometer Statement?

    Completing the Odometer Statement is crucial because it provides a legal record of the vehicle's mileage at the time of sale. Both the seller and buyer must sign the form to acknowledge the accuracy of the odometer reading. If the statement is not completed or contains false information, it could lead to serious consequences, including fines or even imprisonment.

  3. When is the Odometer Statement required?

    The Odometer Statement is required whenever a vehicle is sold or transferred, but it cannot be used with title transfer documents that already comply with odometer disclosure requirements. Specifically, if the vehicle's title was issued on or after April 29, 1990, the title itself will contain the necessary odometer disclosure. In such cases, the Odometer Statement form is not needed.

  4. What should I do if the odometer reading is not accurate?

    If the odometer reading is not accurate, the seller must check the appropriate box on the form to indicate that the mileage stated is not the actual mileage. This is important for transparency and protects both parties in the transaction. Additionally, it is essential to provide any details about the discrepancy to the buyer.

  5. What are the penalties for falsifying information on the Odometer Statement?

    Falsifying information on the Odometer Statement is taken very seriously. According to Texas Transportation Code §501.155, providing false information can result in severe penalties, including being charged with a third-degree felony. This highlights the importance of honesty and accuracy when completing the form.

Documents used along the form

The Texas Odometer Statement form is essential for vehicle transactions, ensuring that buyers are informed about the mileage of the vehicle they are purchasing. Alongside this form, several other documents may be required to facilitate a smooth transfer of ownership. Below is a list of commonly used forms and documents in conjunction with the Texas Odometer Statement.

  • Texas Certificate of Title: This is the official document that proves ownership of a vehicle. It includes important details such as the vehicle's make, model, and identification number.
  • Ohio Motorcycle Bill of Sale: This important document is necessary for formally transferring ownership of a motorcycle in Ohio and includes details like the motorcycle's specifics and the sale price. For assistance, you can find Vehicle Bill of Sale Forms to streamline your transaction.
  • Bill of Sale: A bill of sale serves as a receipt for the transaction. It outlines the terms of the sale, including the purchase price and date, and protects both the buyer and seller.
  • Application for Texas Title: This form is necessary for applying for a new title after a vehicle purchase. It must be submitted to the Texas Department of Motor Vehicles.
  • Vehicle Registration Application: This document is used to register the vehicle in the new owner's name. It includes information about the vehicle and the owner.
  • Power of Attorney: If the seller cannot be present during the sale, a power of attorney allows another person to sign documents on their behalf, ensuring a legal transfer of ownership.
  • Emissions Inspection Certificate: In some counties, vehicles must pass an emissions test before they can be registered. This certificate proves compliance with environmental regulations.
  • Insurance Verification: Proof of insurance is often required before a vehicle can be registered. This document demonstrates that the buyer has coverage for the vehicle.
  • Affidavit of Heirship: This form is used when a vehicle is inherited. It helps clarify the transfer of ownership without a formal title.
  • VIN Verification Form: This document verifies the vehicle identification number, ensuring that the vehicle being sold matches the one on the title and registration.
  • Notice of Transfer and Release of Liability: This form notifies the state that the seller is no longer responsible for the vehicle after the sale, protecting them from future liabilities.

Understanding these documents is crucial for anyone involved in buying or selling a vehicle in Texas. Each plays a vital role in ensuring that the transaction is legally sound and that both parties are protected throughout the process.

Document Sample

(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.