Interpretation ID: nht75-5.31

DATE: 03/31/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Michael P. Dixon

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of February 12, 1975, requesting information concerning penalties available for failure to provide an odometer disclosure form upon sale of a vehicle.

As you know, the Motor Vehicle Information and Cost Savings Act 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, however, the Act requires a statement to that effect to be furnished in written form to the buyer. Violation of any of these requirements 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.

If you have reason to believe that the odometer mileage was altered by someone other than the person who actually sold you the vehicle, you are not precluded from suing him. The Act does not limit your recovery for a violation to your immediate transferor.

Where a vehicle has been rebuilt, the odometer mileage that is relevant for purposes of the Cost Savings Act, is the number of miles the chassis has traveled.

I have enclosed the materials you requested.

YOURS TRULY,

U.S Department of Transportation National Highway Traffic Safety Adm.

GENTLEMEN:

Could you please send me a copy of the exact wording of section 409(a) of the Federal Motor Vehicle Information and Cost Savings Act of 1972, Public Law 92-513. I have the fact sheet on the odometer law that the GSA was so kind to send, but it does not answer the questions that pertain to my situation.

The dealer from whom I purchased my used car did not provide any odometer certification - the booklet says he must, but doesn't tell me what to do when doesn't, I asked for the certification and was told that it wasn't required - even though his own invoice says it is required. I have no reason to believe that the dealer has tampered with the odometer.

Secondly, the car has been made from 2 wrecks - the front of one and the rear of another and a previous dealer (with whom I had no dealings) did the work and in the process, deliberately altered serial numbers. I understand that he will be prosecuted for this by the State of N.C.. This rebuilding was discovered by me after I had the car for more than a month and I brought it to the attention of the N.C. Department of Motor Vehicle and they found out who tampered with the numbers and when.

Now, my problem is that the title is now mashed as "Reconstructed" and has a serial number of the N.C. Dept Mtr Vehicles and certainly has less resale Value than if not a patched up job. Surely the time cars used didn't have precisely the same mileage.

Can I sue the firm that did the altering in November, 1973? I bought the car from someone else (another dealer) in November 1974.

Would appreciate your comments if possible for you to do soon. Please send a copy of the law as there is little point in my (Illegible Words) if I have no grounds for suit.

Thank you for your kind attention.

Michael P. Dyson