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When buying or selling a vehicle in Texas, it's essential to understand the significance of the Texas Odometer Statement form, also known as VTR-40. This document plays a critical role in confirming the vehicle's mileage at the time of ownership transfer, which is required by both federal and state laws. Accurate reporting is crucial; if not done correctly, it could lead to serious consequences such as fines or imprisonment. The form includes important information such as the vehicle's description, including its year, make, model, and Vehicle Identification Number (VIN). The seller must certify, to the best of their knowledge, that the odometer reading reflects the vehicle's actual mileage unless specific exceptions apply, such as the odometer exceeding mechanical limits or being inaccurate. There are also sections for acknowledgment by the buyer, ensuring that they are aware of the odometer certification provided by the seller. Notably, the law is strict; falsifying this form is classified as a third-degree felony, highlighting the importance of truthful and diligent reporting during vehicle transactions.

Sample - Texas Odometer Statement Form

(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 Specs

Fact Name Details
Form Identifier The Texas Odometer Disclosure Statement is officially designated as VTR-40.
Legal Requirement Both federal and state law mandate that the mileage be disclosed during ownership transfers.
Consequences of Inaccuracy Providing a false statement can lead to severe penalties, including fines and imprisonment.
Compatibility Restrictions This form cannot accompany title transfer documents that comply with federal and state odometer regulations.
Recent Revision Date The current version of this form was last revised in November 2009.
Odometer Reading Details The form must state an odometer reading, without tenths of miles, certifying the accuracy to the best of the seller's knowledge.
Odometer Discrepancy Warning A specific warning is included for cases where the reported mileage is not actual or exceeds mechanical limits.
Legal Reference The governing law for this form is found under Texas Transportation Code, §501.155.
Buyer Acknowledgment The buyer or agent must acknowledge the odometer certification made by the seller, providing their signature and printed name.

Texas Odometer Statement - Usage Guidelines

Once you have the Texas Odometer Statement form in hand, filling it out accurately is essential for a successful vehicle transfer. This form essentially certifies the actual mileage of the vehicle, and there are specific steps to ensure you meet all requirements. Follow the instructions carefully, and make sure all information provided is truthful to avoid any legal complications.

  1. Obtain the Texas Odometer Statement form (VTR-40).
  2. Enter the Seller or Agent's name at the top of the form.
  3. Provide the details of the vehicle:
    • Year
    • Make
    • Body Style
    • Model
    • Vehicle Identification Number (VIN)
  4. In the section marked "Odometer Reading (No Tenths)," write the current mileage of the vehicle. Do not include tenths of a mile.
  5. Review the statements regarding the odometer reading.
    • If the mileage is over the mechanical limits, check the first box.
    • If the odometer reading is not the actual mileage, check the second box.
  6. Sign and date the form in the section labeled "Signature of Seller/Agent." Write the printed name on the line below it, ensuring it matches your signature.
  7. Fill in your street address, city, state, and zip code.
  8. If the transaction involves a firm, write the firm's name on the designated line.
  9. For the buyer/agent acknowledgment section, the buyer or agent must sign and date the form as well.
  10. Provide their printed name and street address, city, state, and zip code just as was done for the seller.

After completing the form, both the seller and the buyer/agent should retain a copy for their records. Ensure that this document is included during the title transfer process, as it plays a crucial role in confirming the vehicle's mileage status.

Your Questions, Answered

What is the Texas Odometer Statement form used for?

The Texas Odometer Statement form, also known as VTR-40, is a document required during the transfer of vehicle ownership. This form ensures that both buyers and sellers disclose the vehicle's accurate mileage at the time of sale. It's important for preventing odometer fraud, which can mislead buyers regarding the real condition of the vehicle.

Who is required to complete the Texas Odometer Statement form?

Both the seller and the buyer (or their agents) must complete the Texas Odometer Statement form. The seller must provide an accurate odometer reading, and the buyer must acknowledge the information provided. This mutual agreement helps protect both parties in the transaction.

What happens if the odometer reading is incorrect?

If the odometer reading is inaccurate, it is critical to check one of the provided statements on the form. This includes options for indicating that the mileage is either in excess of its mechanical limits or that it is not the actual mileage. Failing to report an inaccurate odometer reading can result in serious legal consequences, including fines or imprisonment.

Can the Texas Odometer Statement be used with title transfer documents?

No, the Texas Odometer Statement form cannot be used in conjunction with title transfer documents that comply with federal and state odometer disclosure requirements. Specifically, if you have a Texas Certificate of Title issued on or after April 29, 1990, you must follow the odometer disclosure requirements on that title instead.

What should I do if I cannot locate the Texas Odometer Statement form?

If you cannot find the Texas Odometer Statement form, you can easily obtain a copy from the Texas Department of Motor Vehicles (DMV) website or your local vehicle registration office. It's crucial not to skip this form, as it plays a vital role in the ownership transfer process.

Are there any legal consequences for falsifying information on this form?

Yes, falsifying information on the Texas Odometer Statement is a serious offense. According to the Texas Transportation Code, doing so can lead to significant repercussions, including being charged with a third-degree felony. This underscores the importance of providing accurate and truthful information.

What information do I need to include on the Texas Odometer Statement?

You will need to provide several details on the Texas Odometer Statement form. This includes the vehicle's year, make, body style, model, and Vehicle Identification Number (VIN). Additionally, the seller must provide the odometer reading, their name, signature, and contact information. The buyer will also need to sign and acknowledge the odometer disclosure.

Common mistakes

When completing the Texas Odometer Statement form, it’s important to avoid common mistakes that can cause issues later on. Here are six mistakes people often make:

  1. Neglecting to provide complete vehicle information.

    Many individuals forget to fill in vital details such as the year, make, model, or Vehicle Identification Number (VIN). This information is crucial for identifying the vehicle accurately.

  2. Incorrect odometer reading.

    Some sellers mistakenly write down an incorrect odometer reading. It's essential to double-check this number to ensure it reflects the actual mileage.

  3. Failing to check the appropriate disclosure statement.

    A common oversight is not indicating if the odometer reading is in excess of its mechanical limits or if it's not the actual mileage. Make sure to check one of those boxes if applicable.

  4. Omitting signatures and printed names.

    Signatures from both the seller and buyer are required. Forgetting to sign or include printed names can lead to complications when processing the form.

  5. Not providing accurate contact information.

    Some individuals skip filling out the street address, city, state, and zip code for both parties. This can create confusion in future communications.

  6. Ignoring the warnings about falsifying information.

    It’s crucial to read and understand the warnings about penalties for false statements. Ignoring this could result in serious legal consequences.

Avoiding these mistakes will help ensure a smooth transfer of ownership and compliance with legal requirements. Double-check your form before submission to mitigate any potential issues.

Documents used along the form

The Texas Odometer Statement is an important document typically used when buying or selling a vehicle. However, it's often accompanied by other forms or documents that help ensure a smooth transfer of ownership. Here are some common ones you might encounter:

  • Texas Certificate of Title: This document officially proves vehicle ownership. It includes details such as the owner's name, the vehicle’s make and model, and the Vehicle Identification Number (VIN). This title must be transferred to the new owner when a vehicle is sold.
  • Bill of Sale: A bill of sale acts as a receipt for the transaction. It contains information about the buyer, seller, vehicle details, and the sale price. This document is not legally required in Texas but is highly recommended for record-keeping purposes.
  • Application for Texas Title: When a vehicle changes ownership, the new owner must submit this application to the Texas Department of Motor Vehicles (DMV). It requests the issuance of a new title and requires details about the buyer, seller, and vehicle.
  • VIN Verification: This form verifies that the Vehicle Identification Number (VIN) matches the details on the title and other documents. This is essential to prevent theft and ensure that the vehicle is not reported as stolen.
  • Affidavit of Heirship: In cases where someone inherits a vehicle, this document can establish the legal ownership transfer to the heir. It provides proof that the vehicle must now be titled in the heir's name.

Together, these documents create a comprehensive record of the vehicle's ownership and transfer process. It’s essential to understand each one to ensure compliance with state laws and to protect your interests in the transaction.

Similar forms

The Vehicle Odometer Disclosure Statement is very similar to the Bill of Sale document. A Bill of Sale serves as proof of the transaction where the vehicle ownership is transferred from the seller to the buyer. It often includes essential details like the vehicle's make, model, year, and Vehicle Identification Number (VIN), similar to the Texas Odometer Statement. While the Bill of Sale can sometimes include odometer reading as well, its primary function is to document the sale itself and protect the rights of both parties during a transaction.

Another document comparable to the Odometer Statement is the Vehicle Title itself. The title acts as the legal representation of ownership for a vehicle. When a vehicle’s title changes hands, it requires odometer disclosure to ensure the buyer is aware of the vehicle's expected mileage. Just as the Odometer Statement serves to protect against fraud, the title provides legal evidence of ownership and is essential for registering the vehicle in the new owner's name.

An additional document with similarities is the Application for a Certificate of Title. This application is used when registering a vehicle with the state and includes a portion related to odometer disclosure. Like the Texas Odometer Statement, this document ensures accurate reporting of the odometer reading at the time of sale to prevent fraud and ensure transparency in ownership transfer.

The Affidavit of Non-Ownership is also akin to the Odometer Statement. This affidavit comes into play when a party signifies that they do not hold any legal claim over a vehicle, thereby freeing them from any liabilities regarding its odometer reading. While it does not directly pertain to mileage, it highlights the importance of accurate disclosures and ownership claims, just as the Odometer Statement does.

The Vehicle Transfer Notification is another document that aligns with the goals of the Odometer Statement. This notification is generally used to inform the state about the sale or transfer of ownership of a vehicle. It often reinforces the requirement for accurate odometer readings, ensuring all procedural steps are followed in transferring responsibility and legal ownership from seller to buyer.

Lastly, the Vehicle Registration Form parallels the Odometer Statement by requiring comprehensive details about the vehicle, including the odometer reading at the time of registration. This form must be completed for legal registration of the vehicle in the new owner’s name, thus emphasizing the significance of accurate mileage disclosure. Both documents aim to uphold standards and protect consumers from potential fraud during vehicle transactions.

Dos and Don'ts

When completing the Texas Odometer Statement form, there are important guidelines to follow to ensure accuracy and compliance. Here is a list of things to do and avoid:

  • Do ensure that all information is accurate and truthful to avoid legal repercussions.
  • Do check the odometer reading carefully before writing it down.
  • Do use clear handwriting or type the information to ensure legibility.
  • Do acknowledge the odometer disclosure with a signature and date from both the seller and buyer.
  • Don't provide false information, as this can lead to fines or imprisonment.
  • Don't forget to use the correct vehicle identification number (VIN) as listed on the vehicle.
  • Don't leave any sections of the form blank; every part needs to be filled out.
  • Don't try to use this form in conjunction with title transfer documents unless it meets the requirements.

Misconceptions

Misconceptions about the Texas Odometer Statement form can lead to confusion during vehicle transactions. Understanding these misconceptions is crucial for both buyers and sellers.

  • Misconception 1: The Odometer Statement form is optional.
  • In reality, completing the Odometer Statement is a legal requirement when transferring vehicle ownership in Texas. Both federal and state laws mandate this disclosure to protect buyers from odometer fraud.

  • Misconception 2: The form can be used alongside title transfer documents.
  • This is incorrect. The Texas Odometer Statement cannot be used in conjunction with title transfer documents. Instead, it must be completed as a standalone document to meet legal requirements.

  • Misconception 3: The seller can provide an estimated mileage reading.
  • This is false. Sellers must certify that the odometer reading accurately reflects the vehicle's mileage. Providing an estimated reading can lead to legal consequences, including fines.

  • Misconception 4: It is not necessary to keep a copy of the completed form.
  • On the contrary, both the buyer and seller should retain a copy of the signed Odometer Statement for their records. This documentation can be important for resolving any disputes that may arise regarding the vehicle's mileage.

Key takeaways

When dealing with vehicle transactions in Texas, the Odometer Statement form serves a crucial role. Here are key takeaways you should keep in mind when filling it out and using it:

  • Purpose of the Form: This form certifies the mileage of a vehicle at the time of ownership transfer, ensuring honesty and transparency in vehicle sales.
  • Mandatory Requirement: Both federal and state laws require the completion of this form to prevent odometer fraud.
  • Consequences of False Statements: Providing incorrect information can lead to significant penalties including fines and possible imprisonment.
  • Not for Title Transfers: This form should not be used in conjunction with title transfer documents that already comply with odometer disclosure laws.
  • Odometer Reading: You must input the exact odometer reading, without tenths, and certify that it reflects the vehicle's actual mileage.
  • Discrepancy Notifications: If the odometer reading is not accurate, or if it has surpassed its mechanical limits, you must check the appropriate box to indicate this.
  • Acknowledgment by Buyer: The buyer must also sign the form to acknowledge the odometer disclosure, reinforcing the importance of honesty in vehicle transactions.

Filling out the Texas Odometer Statement accurately protects both sellers and buyers, creating a more reliable marketplace for vehicle sales.