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In the labyrinth of legal documents that accompany the sale and purchase of vehicles in Texas, the Odometer Disclosure Statement VTR-40 (Rev. 11/09) stands out for its critical role in ensuring transparency and honesty during these transactions. Mandated by both federal and state law, this form necessitates the declaration of a vehicle's mileage at the time of ownership transfer. The significance of this requirement cannot be overstated, as it safeguards against fraud and misrepresentations, potentially saving both parties from the ramifications of an inaccurate mileage disclosure—consequences that may include fines or imprisonment. The Texas Odometer Statement form, not applicable for title transfer documents that already meet the odometer disclosure requirements set after April 29, 1990, is a straightforward declaration by the seller or seller's agent. It validates the accuracy of the vehicle’s odometer reading, except under two specific conditions where the mileage might exceed the mechanical limits of the odometer or might not reflect the actual mileage for other reasons, flagging a potential discrepancy. Each entry—spanning vehicle description, odometer reading, and acknowledgment by the buyer or buyer’s agent—is a step towards fostering trust in the vehicular transaction process, underscored by the severe warning against falsifying information, a third-degree felony under the Transportation Code, §501.155.

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(Seller/Agent Name)

ODOMETER DISCLOSURE

STATEMENT

VTR-40 (Rev. 11/09)

DHT # 142235

Federal and State Law require that you state the mileage in connection with the transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. This form may not be used in conjunction with title transfer documents, which comply with federal and state odometer disclosure requirements such as Texas Certificate of Titles issued on or after April 29, 1990.

VEHICLE DESCRIPTION

Year

Make

Body Style

Model

Vehicle Identification Number

I, ______________________________________________, certify to the best of my knowledge that the odometer reading is

the actual mileage of the vehicle described above unless one of the following statements is checked:

Odometer

Reading

(No Tenths)

1.The mileage stated is in excess of its mechanical limits.

2.The odometer reading is not the actual mileage.

WARNING – ODOMETER DISCREPANCY.

Date ofSignature of Seller/AgentPrinted Name (Same as Signature) Statement

If titled in a firm’s name, print the firm’s name on the line above.

Street Address

City

State

Zip Code

ACKNOWLEDGMENT OF ODOMETER DISCLOSURE BY BUYER/AGENT

I am aware of the above odometer certification made by the seller/agent.

Date of

Signature of Buyer/Agent

Printed Name (Same as Signature)

Statement

 

 

If purchased by a firm, print the firm’s name on the line above.

Street Address

City

State

Zip Code

WARNING: TRANSPORTATION CODE, §501.155, PROVIDES THAT FALSIFYING INFORMATION ON ANY REQUIRED STATEMENT OR APPLICATION IS A THIRD-DEGREE FELONY.

File Attributes

Fact Number Fact Detail
1 The form used is the Texas Odometer Disclosure Statement, form number VTR-40.
2 This form's revision date is November 2009, indicated by (Rev. 11/09).
3 Federal and State Law mandate the disclosure of vehicle mileage during ownership transfer.
4 Failure to accurately complete the form, or falsifying information, may lead to penalties including fines and imprisonment.
5 This specific odometer disclosure statement must not be used alongside title transfer documents that already meet odometer disclosure requirements established since April 29, 1990.
6 The form requests specific vehicle details including the year, make, body style, model, and Vehicle Identification Number (VIN).
7 Sellers or agents are required to certify the accuracy of the odometer reading to their best knowledge.
8 There are provisions for indicating if the odometer reading exceeds its mechanical limits or if it's not the actual mileage.
9 The seller/agent and buyer/agent both must acknowledge the odometer disclosure by signing and printing their names on the form.
10 The Texas Transportation Code, §501.155, categorizes falsifying information on the form as a third-degree felony.

How to Fill Out Texas Odometer Statement

Filling out the Texas Odometer Statement form is a straightforward process that plays a crucial role in the overall vehicle sale and purchase procedure. This document provides an official account of the vehicle's mileage at the time of transfer, ensuring transparency and compliance with legal requirements. The completion of this form not only reinforces the trust between buyer and seller but also safeguards against potential legal complications. Below are the steps necessary to fill out the form accurately.

  1. Start by entering the seller or agent's name at the top section, where it reads "(Seller/Agent Name)."
  2. Proceed to fill out the vehicle description. This includes the Year, Make, Body Style, Model, and the Vehicle Identification Number (VIN). Each detail must be entered in the corresponding field, ensuring no section is left blank.
  3. In the statement section beginning with "I, ______________________________________________,", the seller or agent must print their name. This asserts their responsibility for the accuracy of the information provided on the form.
  4. Directly below the name, input the odometer reading in the designated space, ensuring to omit tenths. It's critical to ensure this reading reflects the actual mileage. If the mileage exceeds mechanical limits or is not the actual mileage, check the appropriate box next to the corresponding statements.
  5. Sign and date the form on the lines provided for the "Signature of Seller/Agent" and "Date of Statement." The printed name (which must match the signature) and, if applicable, the firm’s name should also be filled in.
  6. Fill in the seller/agent's address information, including the Street Address, City, State, and Zip Code.
  7. Next, the buyer or agent acknowledges the odometer disclosure by entering relevant details in the acknowledgment section at the bottom of the form. This includes the date, their signature, printed name (which should match the signature), and, if buying under a firm's name, the firm's name.
  8. Like the seller/agent, the buyer/agent must also provide their address details, filling in their Street Address, City, State, and Zip Code.

Once both parties have completed these steps, they ensure the form is accurately filled out, reflecting the correct mileage of the vehicle at the time of sale. This completed form not only serves as a critical piece of the vehicle's documented history but also helps protect both the buyer's and seller's interests, maintaining compliance with both federal and state regulations. Keeping a copy for personal records is highly recommended.

Frequently Asked Questions

What is an Odometer Disclosure Statement?

An odometer disclosure statement is a document required by both federal and state law during the transfer of vehicle ownership. It records the mileage of the vehicle at the time of sale or transfer. This document ensures that the buyer is aware of the actual mileage of the vehicle, which can impact its value and inform about its condition.

Why is the Texas Odometer Statement form VTR-40 necessary?

The Texas Odometer Statement form VTR-40 is necessary because it complies with the requirements set by both the federal and state law. Specifically, this form is essential when transferring vehicle ownership in Texas, as it provides a formal record of the vehicle's mileage. Not completing this form, or providing false information, can lead to fines and imprisonment. It is an official document that ensures transparency and protects both the seller and buyer in the transaction.

Can the Texas Odometer Statement form VTR-40 be used for title transfers for all vehicles?

No, the Texas Odometer Statement form VTR-40 cannot be used for title transfers for all vehicles. This form is not applicable in conjunction with title transfer documents that comply with federal and state odometer disclosure requirements for Texas Certificate of Titles issued on or after April 29, 1990. Therefore, it's crucial to know the issuance date of the vehicle's title to determine if this form can be used.

What are the consequences of not completing the Texas Odometer Statement form?

Not completing the Texas Odometer Statement form, or providing a false statement on it, may result in severe penalties. These include fines and/or imprisonment as per the TRANSPORTATION CODE, §501.155. The law takes this requirement seriously as it aims to prevent odometer fraud and ensure the fair trading of vehicles.

What should I do if the odometer reading is not the actual mileage or is beyond its mechanical limits?

If the odometer reading is not the actual mileage or is beyond its mechanical limits, you must check the appropriate statement on the Texas Odometer Statement form VTR-40. There are specific checkboxes for these situations:

  • The mileage stated is in excess of its mechanical limits.
  • The odometer reading is not the actual mileage.
Indicating the true condition of the odometer reading ensures transparency and complies with legal requirements.

How does the acknowledgement part of the Texas Odometer Statement form work?

The acknowledgment part of the Texas Odometer Statement form serves as the buyer's or buyer's agent's formal recognition of the odometer certification provided by the seller or seller's agent. It requires the signature and printed name of the buyer or buyer’s agent, along with the date of the acknowledgment. This part is crucial as it signifies that the buyer is aware of the odometer reading and its implications as certified by the seller, which is essential for a lawful transfer of ownership.

Common mistakes

Filling out forms can sometimes feel like navigating through a maze. In the case of the Texas Odometer Statement form (VTR-40), even small missteps can lead to significant consequences, ranging from fines to imprisonment. Below are 10 mistakes people frequently make when completing this form, and understanding these pitfalls can help ensure the process goes smoothly.

One common mistake is not stating the mileage correctly. It's crucial to enter the odometer reading without tenths, as required on the form, to reflect the vehicle's actual mileage accurately. Failing to do so not only misrepresents the car's condition but also violates federal and state laws regarding odometer disclosure.

Some individuals mistakenly check off one of the statements regarding odometer discrepancy without understanding their implications. If neither condition applies ("The mileage stated is in excess of its mechanical limits" or "The odometer reading is not the actual mileage. WARNING – ODOMETER DISCREPANCY"), it's essential not to mark these options. Misrepresenting this information can lead to serious legal issues.

A significant error occurs when the seller or agent's name is not properly filled out. This is the foundation of the form's validity, as it identifies who is making the statement. If it's titled in a firm's name, that name must be accurately printed in the space provided to avoid discrepancies.

Another common issue is incorrectly dating the form, or worse, leaving the date blank. Since the form is part of a legal process related to the transfer of ownership, the date of the odometer statement is vital for validating the document within the correct timeframe.

When it comes to the buyer’s acknowledgment section, similar attention to detail applies. The buyer or agent must ensure their printed name matches the signature. This consistency confirms the acknowledgment's authenticity and the buyer’s understanding of the odometer certification made by the seller.

Often overlooked is the importance of accurately recording addresses for both the seller and the buyer. Incomplete or incorrect addresses can lead to complications in the process, particularly if there are discrepancies or disputes down the line.

Another mistake involves the vehicle description. Overlooking details like the year, make, model, body style, and especially the Vehicle Identification Number (VIN) can lead to a complete nullification of the form. Each element is essential for identifying the vehicle in question precisely.

While filling out the form, it's also critical not to leave any sections incomplete. An incomplete form is as good as not submitting one, leading to potential legal repercussions.

Not assigning clear responsibility for the form's completion is another mistake often made. Whether it's the seller or an agent completing the form, this responsibility needs to be clearly defined and followed to prevent inaccuracies or oversight.

Lastly, a profound mistake involves providing false information, intentionally or out of negligence. The warning against odometer discrepancy is not just mere words; it's a legal statement ensuring the transaction's credibility. Misleading information can classify as a third-degree felony, highlighting the seriousness of accurate disclosure.

Avoiding these mistakes can greatly simplify the process of filling out the Texas Odometer Statement form. It ensures a smoother ownership transfer, keeps everyone legally compliant, and, most importantly, upholds the integrity of the transaction.

Documents used along the form

When transferring vehicle ownership in Texas, the Texas Odometer Statement form plays a crucial role in ensuring transparency about the vehicle's mileage between the buyer and seller. However, this form is seldom the only document needed to complete the transaction smoothly and compliantly. Other forms and documents often come into play to provide a thorough record of the sale, detailed vehicle history, and compliance with Texas law. These additional documents help protect both parties involved in the vehicle transaction.

  • Title Application (Form 130-U): Necessary for officially transferring the title of the vehicle to the new owner. It requires information about the buyer, seller, and the vehicle itself.
  • Bill of Sale: Acts as a proof of purchase and sale between the buyer and seller. It includes details such as the purchase price, vehicle description, and date of sale.
  • VIN Verification Form (VTR-68-A): Required for out-of-state vehicles being titled in Texas for the first time, verifying the vehicle's identification number (VIN).
  • Proof of Insurance: The buyer must provide evidence of valid Texas auto insurance for the vehicle being purchased.
  • Lien Release: If the vehicle was previously financed, a lien release from the lender is necessary to show that the vehicle is free of financial encumbrances.
  • Power of Attorney (VTR-271): Allows a third party to sign documents on behalf of the seller or buyer. This is particularly useful if one of the parties cannot be present to sign the required paperwork.
  • Vehicle Inspection Report: A passed inspection report is often required for registration and titling of a used vehicle in Texas. It ensures the vehicle meets safety and emissions standards.
  • Registration and Title Application: In addition to the title application, this document is necessary for registering the vehicle in the new owner's name with the Texas Department of Motor Vehicles.

The array of documents mentioned demonstrates the importance of comprehensive record-keeping and adherence to legal requirements in vehicle transactions. Ensuring all necessary forms and documents, including the Texas Odometer Statement form, are accurately completed and submitted will facilitate a smoother, legally sound transfer of ownership. It protects the interests of both the buyer and seller and promotes trust in the process of vehicle sale and purchase.

Similar forms

The Texas Odometer Statement form is crucial for accurately documenting a vehicle's mileage at the time of ownership transfer, ensuring transparency between the seller and buyer. Several other documents have similar roles or qualities in different contexts. Here, we’ll explore seven such documents and how they relate to the Texas Odometer Statement form.

Bill of Sale: Similar to the Odometer Statement, the Bill of Sale is vital during the process of buying and selling, particularly for personal property like vehicles and boats. It serves as proof of purchase and sale, detailing the transaction between the buyer and seller, including price and date of sale, akin to how the odometer statement records mileage accurately.

Vehicle Title: The Vehicle Title, much like the Texas Odometer Statement form, is mandatory in the transfer of vehicle ownership. It contains crucial information about the vehicle, including the make, model, year, and Vehicle Identification Number (VIN), as well as details about the owner. The odometer reading is also a key component on titles issued after specific dates, ensuring that the mileage is transparently communicated in ownership transfers.

Maintenance Record: Vehicle maintenance records, while not directly involved in the transfer of ownership, share the goal of accurately documenting the history of a vehicle. They track services performed, such as oil changes, tire rotations, and major repairs, paralleling how the odometer statement tracks mileage to provide a clear picture of the vehicle's condition over time.

Warranty Deed: In real estate, a Warranty Deed performs a similar function to the odometer statement in vehicle transactions. It transfers property ownership while guaranteeing that the seller holds a clear title to the property. Though it deals with property rather than vehicles, the emphasis on transparency, accuracy, and legal compliance is a common thread.

Loan Agreement: A Loan Agreement, particularly for auto loans, often references the vehicle's condition, including its mileage. Like the Odometer Statement, it is an integral part of transactions involving financed purchases, ensuring that all parties have accurate information about the vehicle's value and condition as part of the financial agreement.

Lease Agreement: For vehicles, Lease Agreements often require accurate odometer readings at the start and end of the lease term, similar to how an odometer disclosure is needed when ownership changes hands. This ensures fair use and wear charges are assessed based on the actual mileage driven during the lease period.

Insurance Policy: Lastly, an Insurance Policy for a vehicle closely relates to the odometer statement as insurers often base their coverage rates on the vehicle's mileage. Accurate mileage disclosure helps in determining the insurance premium and coverage terms, making it as crucial for insurance purposes as the odometer statement is for sales transactions.

Each of these documents, while serving different purposes and involved in varying facets of legal, financial, and transactional activities, shares the common goal of ensuring accuracy, transparency, and adherence to regulations — much like the Texas Odometer Statement form does in the realm of vehicle sales.

Dos and Don'ts

Filling out the Texas Odometer Statement form is an important step in the vehicle transfer process. It's crucial to get it right. Here’s a guide on what you should and shouldn't do.

Do:

  • Double-check the vehicle information to ensure the Year, Make, Body Style, Model, and Vehicle Identification Number match the vehicle being sold.
  • Clearly write the odometer reading, without adding tenths, to reflect the exact mileage.
  • Be honest about the odometer’s accuracy. If it’s not the actual mileage, mark the appropriate box indicating either it exceeds its mechanical limits or it's not accurate.
  • Include the complete address and print the names clearly for both the seller/agent and the buyer/agent.
  • Make sure both the seller/agent and the buyer/agent sign and date the form to acknowledge the odometer disclosure.
  • Review the form for any mistakes or missing information before submitting it.

Don’t:

  • Attempt to use this form for vehicles that don't require it, such as those with Texas Certificate of Titles issued on or after April 29, 1990, that already comply with the disclosure requirements.
  • Leave any fields blank. An incomplete form may lead to delays or rejection of the document.
  • Falsify the mileage. It's not only unethical but also a crime that could result in fines or imprisonment.
  • Forget to check one of the boxes if the mileage shown is not the actual mileage of the vehicle.
  • Use correction fluid or make alterations on the form. If you make a mistake, it’s better to start over with a new form to ensure readability and compliance.
  • Ignore the warning about the Transportation Code, §501.155, at the bottom of the form. Remember, providing false information is considered a third-degree felony.

Misconceptions

Texas Odometer Statement forms come with their own set of misconceptions. Understanding these can help in ensuring that the process of transferring vehicle ownership is smooth and compliant with the law.

  • Misconception 1: The Texas Odometer Statement form is optional for private vehicle sales.

    Contrary to what some believe, Federal and State Law require the completion of this form when transferring vehicle ownership. Skipping this step could lead to legal consequences.

  • Misconception 2: Digital odometer readings can’t be misrepresented.

    In reality, regardless of whether an odometer is analog or digital, discrepancies can still occur. Sellers must ensure the accuracy of the mileage reported.

  • Misconception 3: The form can be used for any vehicle sale.

    The form is not applicable for vehicles that have a title transfer document complying with odometer disclosure requirements post-April 29, 1990. This highlights the importance of matching the correct form with the right transaction.

  • Misconception 4: Only the seller needs to acknowledge the odometer reading.

    Both the seller and buyer, or their agents, must acknowledge the odometer certification to ensure transparency and legality in the vehicle's sale.

  • Misconception 5: Estimations are acceptable for the odometer reading.

    Accuracy is key. Estimations could lead to false disclosures, potentially resulting in fines or imprisonment.

  • Misconception 6: Odometer discrepancies are uncommon and not a serious issue.

    Odometer tampering is a real concern and can affect a vehicle’s value and safety. Acknowledging discrepancies is crucial for an honest transaction.

  • Misconception 7: The form is lengthy and complicated.

    The Texas Odometer Statement form is straightforward, requiring only essential information about the vehicle and the accuracy of its mileage.

  • Misconception 8: Only individuals are required to complete the form, not firms.

    Whether the vehicle is bought or sold by an individual or a firm, the form must be completed, ensuring that the transaction is recorded accurately.

  • Misconception 9: The form serves no real legal purpose.

    This document is a legal requirement designed to protect buyers, sellers, and the integrity of the vehicle market by ensuring mileage accuracy.

  • Misconception 10: A title transfer negates the need for an odometer statement.

    Even if a title is transferred, if it’s compliant with federal and state odometer disclosure requirements post-April 29, 1990, the Texas Odometer Statement form is still necessary.

Understanding and addressing these misconceptions ensures that all parties involved in the vehicle sale are fully informed and compliant with the legal requirements, facilitating a smoother and more trustworthy transaction process.

Key takeaways

When navigating the process of filling out and using the Texas Odometer Statement form, there are several key takeaways to ensure that the document is correctly completed and legally compliant. Understanding these points can help both the buyer and the seller avoid potential legal complications that could arise from inaccurately reported information.

  • Federal and state laws mandate the disclosure of accurate mileage during the transfer of vehicle ownership. This requirement underscores the importance of the odometer statement in the buying and selling process, emphasizing its role in maintaining transparency and fairness.
  • The form specifies that it should not be used with title transfer documents that already comply with federal and state odometer disclosure requirements, particularly for vehicles with a Texas Certificate of Titles issued on or after April 29, 1990. This clearly delineates the scenarios in which the form is applicable, ensuring that users are not redundantly or incorrectly documenting odometer readings.
  • It is imperative the seller certifies the odometer reading to the best of their knowledge, indicating the need for honesty and accuracy. This certification includes the acknowledgment that the provided mileage is the actual mileage of the vehicle, except in cases where it is clearly stated otherwise.
  • The form provides options to indicate if the mileage exceeds mechanical limits or is not the actual mileage of the vehicle. These options are crucial for cases involving older vehicles or those that may have undergone odometer adjustments, ensuring that all parties are aware of potential discrepancies.
  • Both the seller/agent and buyer/agent are required to acknowledge the odometer disclosure by providing their signatures. This mutual acknowledgment serves as a legally binding agreement regarding the condition and history of the vehicle, emphasizing the seriousness of the document.
  • Falsifying information on the Texas Odometer Statement form is a serious offense, classified as a third-degree felony. This stern warning serves to deter dishonesty and underscores the legal implications of misrepresenting a vehicle’s odometer reading.

By adhering to these key points, individuals involved in the transfer of vehicle ownership in Texas can ensure they are fulfilling their legal obligations and avoiding potential penalties. The odometer statement not only facilitates a transparent transaction but also protects the interests of both the buyer and seller.

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