Interpretation ID: aiam1567
4784 Brookwood Road
Youngstown
OH 44512;
Dear Ms. Beck (sic): This is in response to your letter of July 15, 1974, inquiring as t penalties available for violation of the odometer requirements of the Motor Vehicle Information and Cost Savings Act.; The Act requires, in part, that a written disclosure of a vehicle' recorded mileage be provided by the seller to the purchaser at the time ownership of a vehicle is transferred. If the correct mileage is unknown, the Act requires a statement to that effect to be furnished in written form to the buyer.; Violation of the disclosure requirement may subject the violator t civil liability where his actions were intended to defraud the purchaser. The Act makes available to the buyer a remedy in the amount of $1,500 or treble damages, whichever is greater. To obtain this remedy, section 409 of the Act provides that a private civil action be instituted in State or Federal Court.; There is no provision in the Act specifying that the transferee mus obtain a disclosure statement from his transferor. The obligation to execute this disclosure document lies with the transferor alone.; For your information, I have enclosed relevant portions of the Act an the odometer disclosure requirements.; If you have any further questions, please let us know. Yours truly, Richard B. Dyson, Acting Chief Counsel