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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.

Documents used along the form

When transferring ownership of a vehicle in Texas, the Odometer Statement form is just one of several important documents involved in the process. Understanding these additional forms can help ensure a smooth transaction and compliance with state regulations. Here’s a look at five other key documents often used alongside the Texas Odometer Statement.

  • Texas Certificate of Title: This is the primary document that proves ownership of a vehicle. It includes details such as the vehicle's make, model, year, and Vehicle Identification Number (VIN). When transferring ownership, the seller must sign the title over to the buyer.
  • Durable Power of Attorney: This important legal document allows for the appointment of someone to manage your financial matters if you become incapacitated. For more details, visit Durable Power of Attorney.
  • Bill of Sale: This document serves as a receipt for the transaction, providing proof that the buyer has purchased the vehicle. It typically includes information about the buyer, seller, vehicle details, and the sale price. A bill of sale can be crucial for tax purposes and future registration.
  • Application for Texas Title: If the buyer is registering the vehicle for the first time in Texas, this application must be completed. It includes information about the vehicle and the new owner, ensuring that the title can be properly issued in the buyer's name.
  • Vehicle Registration Application: This form is necessary for registering the vehicle with the Texas Department of Motor Vehicles (DMV). It usually requires information from both the Odometer Statement and the Certificate of Title to ensure accurate records.
  • Power of Attorney (if applicable): If the seller cannot be present to sign the documents, a Power of Attorney allows another person to act on their behalf. This document must be properly executed to ensure that the transaction is legally binding.

Being familiar with these documents can simplify the vehicle transfer process and help avoid potential legal issues. Always ensure that each form is completed accurately and kept in a safe place for future reference. This diligence not only protects both parties involved but also ensures compliance with Texas laws.

Similar forms

The Texas Odometer Statement form shares similarities with several other documents related to vehicle ownership and odometer disclosures. Below are four such documents, each with a brief explanation of their similarities.

  • Vehicle Title Application (Form VTR-130): This document is required when applying for a new vehicle title. Like the Odometer Statement, it includes information about the vehicle's mileage and requires accurate reporting to comply with state laws.
  • Bill of Sale: A Bill of Sale serves as a receipt for the sale of a vehicle. It often includes the odometer reading at the time of sale, similar to the Odometer Statement, ensuring that both parties are aware of the vehicle's mileage during the transaction.
  • Title Transfer Document: When transferring ownership of a vehicle, a Title Transfer Document is used. This document also requires the seller to disclose the odometer reading, aligning with the purpose of the Odometer Statement to prevent odometer fraud.
  • Employment Verification Form: To confirm employment status, ensure you utilize the necessary Employment Verification documentation for various administrative needs.
  • Odometer Disclosure Statement (Federal Form): This federal form is used in many states to disclose a vehicle's mileage at the time of sale. It serves the same function as the Texas Odometer Statement, ensuring compliance with federal regulations regarding odometer disclosures.

Misconceptions

When dealing with the Texas Odometer Statement form, it is important to clarify some common misconceptions. Understanding the true nature of this document can help ensure compliance with state and federal laws. Here are six misconceptions:

  • It is optional to complete the form. Many believe that the Texas Odometer Statement is optional when transferring vehicle ownership. In reality, it is a legal requirement. Both federal and state laws mandate that the mileage be disclosed during the transfer process.
  • The form can be used with any title transfer document. Some individuals think that this form can accompany any title transfer paperwork. However, it is specifically not to be used with title transfer documents that already meet federal and state odometer disclosure requirements, such as the Texas Certificate of Title issued after April 29, 1990.
  • Only the seller needs to sign the form. There is a misconception that only the seller's signature is necessary. In fact, the buyer or their agent must also acknowledge the odometer disclosure by signing the form. This ensures that both parties are aware of the odometer reading at the time of sale.
  • It is acceptable to provide an estimated mileage. Some believe that providing an estimated mileage is sufficient. This is not true. The form requires the seller to certify that the odometer reading is the actual mileage, unless specific conditions are checked that indicate otherwise.
  • Falsifying information on the form is a minor issue. Many underestimate the seriousness of providing false information. It is crucial to understand that falsifying information on the Texas Odometer Statement is considered a third-degree felony under Transportation Code §501.155, which can lead to significant legal consequences.
  • The odometer reading must always be accurate. While it is essential to provide an accurate reading, there are specific situations where the odometer may not reflect the actual mileage. For instance, if the odometer has exceeded its mechanical limits or if the reading is not the actual mileage, these scenarios must be indicated on the form.

By addressing these misconceptions, individuals can better navigate the requirements surrounding the Texas Odometer Statement form, ensuring a smoother vehicle transfer process.

Understanding Texas Odometer Statement

  1. What is the purpose of the Texas Odometer Statement form?

    The Texas Odometer Statement form, also known as VTR-40, is required by federal and state law to disclose the mileage of a vehicle during the transfer of ownership. This form ensures that both the seller and buyer are aware of the vehicle's mileage, preventing fraud and misrepresentation.

  2. Who needs to complete the Odometer Statement?

    The seller or their agent must complete the Odometer Statement. This person certifies the accuracy of the odometer reading at the time of sale. The buyer or their agent must also acknowledge the odometer disclosure by signing the form.

  3. What information is required on the form?

    The form requires several key pieces of information:

    • Year, make, body style, and model of the vehicle
    • Vehicle Identification Number (VIN)
    • Odometer reading (without tenths)
    • Signature of the seller/agent and buyer/agent
    • Addresses of both parties
  4. What happens if the form is not completed correctly?

    Failure to complete the form accurately or providing false information can lead to serious consequences. Violators may face fines or even imprisonment. It is crucial to ensure that all information is correct and truthful to avoid these penalties.

  5. Can this form be used with title transfer documents?

    No, the Texas Odometer Statement form cannot be used in conjunction with title transfer documents. Title transfers that comply with federal and state odometer disclosure requirements, such as the Texas Certificate of Title issued after April 29, 1990, are separate and do not require this form.

  6. What should I do if there is an odometer discrepancy?

    If there is a discrepancy in the odometer reading, the seller must check the appropriate box on the form and provide an explanation. Buyers should be cautious and verify the information to avoid potential issues. Both parties should keep copies of the completed form for their records.