Interpretation ID: aiam2115
Executive Vice President
Georgia Automobile Dealers Association
508 Hartford Building
100 Edgewood Avenue
N.E.
Atlanta
GA 30303;
Dear Mr. Morie: This is in response to your letter of September 19, 1975, inquiring a to the disclosure responsibilities of an individual who sells a vehicle with nonoperational odometer.; You describe a situation in which a dealer executed an odomete disclosure statement indicating that the actual odometer mileage was unknown where the odometer was nonfunctional. Apparently, the purchaser now claims sale of the vehicle with such an odometer inaccuracy constitutes misrepresentation by the dealer.; Based upon the facts of the case as you have presented them, th National Highway Traffic Safety Administration (NHTSA) does not consider that a violation of the odometer requirements of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) has occurred. If the dealer in question executed an odometer disclosure statement, at the time of sale, that complies with the Federal disclosure requirements (49 CFR Part 580, *Odometer Disclosure Requirements), and states that the mileage indicated on the odometer differs from the true mileage for reasons other than calibration error he satisfied his responsibilities under the law. The buyer was informed that the odometer mileage was incorrect and therefore should not be relied upon as an indication of the vehicle's condition.; As long as a seller informs his buyer as to the validity of th odometer mileage, he has no additional responsibility to repair an apparently nonfunctional odometer.; Sincerely, Frank Berndt, Acting Chief Counsel