Interpretation ID: aiam1357
University Club Tower
Suite 2410
Tulsa
OK 74119;
Dear Mr. Robertson: This responds to your December 10, 1973, question whether a deale violates the odometer Disclosure Requirements of the Motor Vehicle Information and Cost Savings Act and 49 CFR Part 580 if he simply duplicates the disclosure made to him when he bought the car.; If the dealer acts in good faith in making his disclosure, he i entitled to rely on the disclosure made to him as the basis of his statement. On the other hand, collusion between the dealer and the former owner to knowingly make a false disclosure would violate the Act. Either might be subject to suit and damages if intent to defraud can be shown.; We realize that such a burden of proof is difficult to meet and w suggest that, with regard to the dealer, an alternative remedy might be a report of possible misrepresentation to the state agency that licenses dealers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel