Interpretation ID: aiam4087
Esq.
Shapiro
Lester & Abramson
P.A.
Roland/Continental Plaza
3250 Mary Street
Miami
FL 33133;
Dear Mr. Lester: This is in response to your request of January 14, 1986, for a rulin that the lessor/seller may issue an odometer disclosure statement to the lessee/buyer at the inception of the lease and not at the time of transfer.; Title IV of the Motor Vehicle Information and Cost Savings Act, 1 U.S.C. SS 1981-1991, directs the Secretary of Transportation to prescribe rules requiring any transferor to give a written disclosure of certain information to the transferee 'in connection with the transfer of ownership.' Transfer of ownership is defined in accordance with State law. Florida law specifies that issuance of the automobile title certificate and license constitutes presumptive ownership of a vehicle. Therefore, the written disclosure is required to be given when the title certificate and license are issued. While the National Highway Traffic Safety Administration has granted exemptions to the regulations promulgated pursuant to the Act, we cannot issue an exemption to any provisions of the Act itself.; In addition to the Federal requirements, the Florida motor vehicl title law states: 'No notary public shall notarize a title transfer until the *seller* properly indicates the odometer reading.' West F.S.A. S 319.22 (emphasis added). Therefore, in addition to your request being prohibited by Federal law, it may also be prohibited under State law.; Sincerely, Erika Z. Jones, Chief Counsel