Interpretation ID: nht73-5.3

DATE: 09/12/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Richard Hrejsa

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 4, 1973, requesting information on remedies for a transferor's failure to make an accurate odometer disclosure statement. I apologize for our delay in replying.

Title IV of the Motor Vehicle Information and Cost Saving Act, Public Law 92-513, (1) prohibits the resetting or altering of an odometer to change the miles indicated on it, and (2) establishes a requirement that a transferor (seller) make a written odometer disclosure to his transferee (buyer) at the time of sale. These provisions of the law were in effect when you purchased your car in May 1973.

The two remedies for violations of the law are (1) a private civil action for $ 1,500 or treble damages by a subsequent purchaser of the car, and (2) a suit by the United States Attorney to restrain further violations of the Act. This second remedy is normally utilized only in a case of repeated violations.

If the dealer who sold you the car altered or reset the mileage after January 18, 1973, you may have a civil action against him. Also, if it is as it appears in your letter, the dealer made a false and incomplete mileage disclosure to you after March 1, 1973, which may also make him civilly liable to you. His purchase of the car in October 1972 has no bearing on his disclosure obligations to you.

You may wish to consult with an attorney about your rights in this matter. Enclosed are a copy of the Act and implementing regulations for your information.

ENCLS.