Interpretation ID: nht73-2.44

DATE: 12/14/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Alexander F. Klein

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of December 3, 1973, indicates that the National Highway Traffic Safety Administration Region II office referred you to this office for an explanation of your rights under the Federal odometer disclosure requirements.

After January 18, 1973, the Motor Vehicle Information and Cost Savings Act prohibited alteration, resetting, or disconnection of a vehicle odometer with the intent to defraud a purchaser. After March 1, 1973, regulations under the Act require each seller to make a signed, written disclosure of a vehicles 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 these regulations were violated in your particular case, as Trooper Moran's investigation may indicate, a civil remedy is available to you under @ 409 of the Act for $ 1,500 or treble damages, whichever is greater. To obtain your remedy, @ 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. I am enclosing the relevant portion of the Act and the odometer regulation for your information.

ENCLS.

December 3, 1973

Ref: Martin Pincus D/B/A Four Ace Service 3718 Hempstead Tpke. Levittown, New York

Chief Counsel National Highway Traffic Safety Administration

Dear Sir;

I was informed by your Westchester office that you could be of assistance to me.

I purchased a 1968 Odsmobile from referenced dealer, june 4, 1973 for $ 1545.00 fifteen hundred fourty five dollars.

Due to the investigation of "Trooper J. Moran" of the State of New York motor vehicle department, it has been proven that the odometer was turned back prior to my purchase.

I would very much appreciate any assistance that you can give me in effect in reimbursement.

Respectfully,

Alexander F. Klein

November 30, 1973

State of New York County of Suffolk Town of Huntington

I, Alexander F Klein, was born on Sept. 7, 1924 in New York City, New York and presently reside at 43 Columbine Lane, Kings Park, New York. I am employed as an inspector for the Department of Defense.

On June 4, 1973 I purchased a used 1968 Brown Oldsmobile Toronado, 2-door, hard-top, Vehicle Identification Number 394878M611769 from Martin Pincus at Four Ace Service, 3718 Hempstead Tpke., Levittown, New York. At the time of purchase I requested a bill of sale and Mr. Pincus instructed a middle-aged woman in his office to write out the bill of sale. Mr. Pincus gave me a bill of sale recording the sale of the vehicle for $ 1,000 and signed by George M. Carbone. Mr. Pincus also gave me a "Used Motor Vehicle Warranty". When I purchased the vehicle the mileage registering device on the dashboard showed a mileage of 39,999 miles. On May 15, 1973 I left a $ 50 check deposit with Four Ace and on June 4, 1973 I gave Mr. Pincus a certified check for $ 1,450 for the remainder of the balance. An additional check for $ 45 for muffler repairs was also given to Mr. Pincus.

False statements made herein are punishable as a Class A(Illegible Word) pursuant to Section 210.45 of the Penal Law.

Sworn to before me this 30th day of November 1973.

John M. Moran Trooper

Signed:(Illegible Words)

Witness: John M. Moran