Interpretation ID: aiam1040
General Manager
The Fairmount Press
P.O. Box 3
Bronx
NY 10453;
Dear Mr. Salzman: This is in response to your letter to Mr. Paris of February 28, 1973 concerning the Federal odometer Disclosure Requirements.; You ask, first, whether provision has been made for resale by wholesaler. By this you appear to suggest that wholesalers are not, or should not be, required to give a statement upon each resale. Our reply is that a wholesaler is on the same footing as any other transferor. If he owns the vehicle, however briefly, and resells it, he must disclose the mileage upon resale.; Your second question concerns the penalty for not issuing the require mileage statement. Our reply is that a failure to disclose is a violation of the requirements of the Act and is therefore subject to injunction under section 410. Furthermore, in the event that there are problems with an odometer, your failure to submit a statement would seriously undermine your defense in an action brought under section 409.; Your last question is whether both the New York form and the Federa form are necessary. Although we do not have a copy of the New York form, it is our understanding that it contains the greater part of the information required by our regulations. If the balance of the information can be added, we would not object to the use of the New York form to satisfy the Federal requirements.; Yours truly, Richard B. Dyson, Assistant Chief Counsel