Interpretation ID: aiam1317
1715 Swarr Run Rd.
Lancaster
PA 17601;
Dear Mr. Beck: Your letter of October 18, 1973, asks what violations of the Federa odometer laws may have occurred in your purchase of a 1962 Tempest which was misrepresented as a 1964 model.; Misrepresentation of the model year, which appears to be your principa grievance, is not a violation of Federal law but could be a violation of local laws against fraudulent merchandising.; Bill Tillett's failure to give you a disclosure statement may be violation of the Federal odometer disclosure regulation, a copy of which is enclosed. After March 1, 1973, the regulation requires each seller to make a signed, written disclosure of a vehicle's recorded mileage to his purchaser. If he knows the odometer reading is inaccurate, he must also state that the actual mileage is unknown. This statement must be made before the vehicle is sold.; If your seller violated these regulations with fraudulent intent, civil remedy is available to you under S 409 of the Act for $1,500 or treble damages, whichever is greater. To obtain your remedy, S 409 provides that you may bring a private civil action in State or Federal court. You may wish to consult an attorney about the possibility of bringing an action in your case.; Sincerely, Lawrence R. Schneider, Chief Counsel