Interpretation ID: nht73-5.4

DATE: 09/12/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Wesley Wells

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 10, 1973, concerning your purchase of a 1973 truck from Haag Motors which was sold as new but had an odometer reading of 1,125 miles at the time of sale. I apologize for our delay in replying.

The sale of a vehicle as new with an odometer reading of 1,125 miles does not violate Federal law, although it may violate a consumer protection statute in your state or the state of purchase. There is, however, a Federal law which requires sellers of motor vehicles to make an odometer disclosure statement at the time of sale. If you purchased the truck after March 1, 1973, and its gross vehicle weight rating does not exceed 16,000 pounds, you may have a private civil action against the dealer for $ 1,500 or treble damages, if he failed to execute the written statement.

You may wish to consult an attorney with regards to your rights in this matter. A copy of the Act and implementing regulations are enclosed for your information.

ENCLS.