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Interpretation ID: aiam1566

Mr. Frank Schoen, 8022 Cabot Street, Houston, TX 77028; Mr. Frank Schoen
8022 Cabot Street
Houston
TX 77028;

Dear Mr. Schoen: This is in response to your letter of June 19, 1974, inquiring as t what information must be included in a bill of sale upon the transfer of a motorcycle.; The Motor Vehicle Information and Cost Savings Act requires that written disclosure of a vehicle's 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. The disclosure statement need not, however, be included as part of the bill of sale and may be executed to the buyer as a separate document. If Northline Honda failed to comply with this disclosure requirement, a civil remedy in the amount of $1,500 or treble damages, whichever is greater, may be available to you under section 409 of the Act, if the violation was committed with the intent to defraud.; Section 403 of the Act makes it unlawful for any person to disconnect reset, or alter the odometer of a vehicle with the intent to change the number of miles indicated thereon. If Northline Honda violated this section with the intent to defraud, section 409 of the Act would provide you with the same civil remedy as noted above.; One way to determine if such an alteration has occurred is to compar the current mileage with that indicated on the disclosure statement provided to Northline Honda by the motorcycle's prior owner. If Northline has no such document you might attempt to find out who the prior owner was and contact him about the mileage. A mechanic might also check out the motorcycle to see if there is any evidence indicating that the odometer has been tampered with or that the cycle has travelled more miles than the odometer registers.; On the basis of the information you have supplied, I suggest that yo contact an attorney about the possibility of bringing an action against Northline Honda. I am enclosing relevant portions of the Act and the odometer disclosure requirements for your use.; If you are in need of any further information, please do not hesitat to let us know.; Yours truly, Richard B. Dyson, Acting Chief Counsel