Interpretation ID: nht75-5.33

DATE: 08/18/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: John R. Hudson

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to your letter of July 28, 1975, to Corbusier Chevrolet Company of Bryan, Texas concerning that dealer's failure to provide you with an odometer mileage disclosure statement.

As you know, the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) requires that a written disclosure of a vehicle's correct 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. This requirement is not limited to transactions where a dealer is the purchaser. It applies to all types of vehicle transfers, including the one in which you were involved.

In addition, the Act prohibits the alteration of the mileage indicated on an odometer. Violation of this provision and/or the disclosure statement provision may subject the violator to civil liability where his actions were intended to defraud the purchaser. The Act makes available to the buyer a remedy in the amount of $ 1,500 or treble damages whichever is greater. To obtain this remedy, section 409 of the Act provides that a private civil action be instituted in State or Federal court.

We have mailed a letter to Corbusier Chevrolet informing them of the relevant odometer law requirements (copy enclosed). If they fail to disclose the necessary mileage information, please let us know so that we may take additional steps to enforce their compliance with the law.

SINCERELY,

July 28, 1975

Corbusier Chevrolet Co. BRYAN, TEXAS

When I bought a 1972 Chevrolet (#1M57S2S135583) from you on September 9, 1974 I asked for a Certified Milage Statement. Your Salesman told me that this was ONLY required by the dealer and was NOT required for a retail buyer. He also told me he didn't know who the previous owner was, but that the car came from Dallas. He also told me that the car was in good condition and that he had driven it several times.

NOW I find that ANY SELLER is REQUIRED to give to ANY BUYER a written statement containing all the seller knows to be true-or-untrue, about the vehicles odometer reading and its actual milage, I WANT THIS STATEMENT NOW per "Motor Vehicle Information & Cost Savings Act". On the way home I got 10 miles to a gallon, and a big cloud of smoke came from under the hood on several occasions. The transmission has gone out now and the mechanic said he had never seen one worn out this bad with the milage indicated on the odometer.

I checked on previous registered owner and wrote to Regina Kathryn Wilson, 9827 Brock Bank, Apt 227, Dallas, Texas and the letter was returned with addressee unknown stamped on it.

John R. Hudson

CC: NHTSA; U.S. ATTORNEY; TEXAS ATTY. GENERALS OFFICE