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In the realm of vehicle transactions, the integrity of the mileage stated on a vehicle plays a crucial role in ensuring transparency and fairness between the parties involved. The Texas Odometer Statement form, officially known as VTR-40 (Rev. 11/09), emerges as a pivotal document in this process, adhering to both federal and state mandates that dictate the disclosure of a vehicle's mileage upon ownership transfer. Highlighting the significance of honesty in such disclosures, the form serves as a stark reminder that failure to accurately complete it, or intentionally providing false information, can lead to severe legal repercussions, including fines and imprisonment. Its specific design precludes its use alongside title transfer documents that already meet odometer disclosure requirements, a restriction that underscores the evolving regulatory landscape post-April 29, 1990, when Texas Certificates of Title underwent modifications to incorporate such information. The form not only facilitates a declaration of the vehicle's current odometer reading but also allows for the acknowledgment of any discrepancies, such as mileage exceeding mechanical limits or an odometer reading that does not reflect the actual mileage, through clearly marked checkboxes. This process ensures that all parties, including buyers or their agents, are fully informed and can acknowledge the odometer certification provided by the seller or the seller's agent, reinforcing the transaction's transparency. Ultimately, the Texas Odometer Statement form embodies the legal commitment to accuracy and truthfulness in vehicle sales, safeguarding both buyer and seller within the complex tapestry of automotive commerce.

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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.

Document Attributes

# Fact
1 The Texas Odometer Disclosure Statement form number is VTR-40.
2 The form was revised in November 2009 (Rev. 11/09).
3 It is a requirement by both federal and state law to state the mileage in connection with the transfer of ownership of a vehicle.
4 Failing to complete the form or providing a false statement can result in fines and/or imprisonment.
5 This form cannot be used with title transfer documents that comply with federal and state odometer disclosure requirements for Texas Certificates of Titles issued after April 29, 1990.
6 The form requires a detailed description of the vehicle, including year, make, body style, model, and vehicle identification number (VIN).
7 Sellers/Agents must certify to the best of their knowledge the actual odometer reading of the vehicle, unless indicating otherwise due to mechanical limits or odometer discrepancy.
8 The form includes a warning about odometer discrepancy to highlight the importance of accurate reporting.
9 Buyers/Agents acknowledge the odometer certification made by the seller/agent by signing the form.
10 Under Texas Transportation Code, §501.155, falsifying information on this form is considered a third-degree felony.

How to Fill Out Texas Odometer Statement

Once you've decided to sell or transfer a vehicle in Texas, completing the Odometer Statement form is a crucial step in the process. This document serves as an official declaration of the vehicle's mileage at the time of sale or transfer, and it's important both for the accuracy of public records and for the protection of buyer's and seller's rights. To ensure compliance and avoid potential legal issues, here's a straightforward guide on how to fill out the Texas Odometer Statement form correctly.

  1. Start with the Vehicle Description: Enter the year, make, body style, model, and the Vehicle Identification Number (VIN) in the designated areas. This information should match what’s on the vehicle's current registration documents.
  2. Seller/Agent’s Certification: In the space provided, the seller or the selling agent must write their full name, certifying the accuracy of the odometer reading. Be sure it’s legible and matches the name on the title and registration documents.
  3. Odometer Reading: Clearly enter the current odometer reading of the vehicle in the space provided, without including any tenths. Accuracy here is crucial as this represents the official mileage of the vehicle at the time of the transaction.
  4. Select the Appropriate Statement: If applicable, check one of the boxes next to the statements regarding the accuracy of the odometer reading. This is crucial if the mileage displayed is not the actual mileage due to issues with the vehicle's odometer.
  5. Seller/Agent’s Signature: Sign the form in the designated space to officially declare the accuracy of the provided information. Ensure this signature matches other documents related to the sale.
  6. Date of Seller/Agent’s Statement: Enter the date on which the form is being filled out and signed, next to the seller/agent’s signature.
  7. Printed Name and Address of Seller/Agent: Print the name of the seller/agent as signed above. If the vehicle is being sold by a firm, include the firm’s name where indicated. Also, fill out the street address, city, state, and zip code accurately.
  8. Buyer/Agent’s Acknowledgment: This section is for the buyer or the buyer’s agent to acknowledge the odometer certification made by the seller/agent. The buyer/agent must sign, date, and print their name in the spaces provided, again ensuring matches with official documents. The buyer should also fill out their address details similarly to the seller/agent.

Properly completing the Texas Odometer Statement is a step that safeguards both parties involved in the vehicle's sale or transfer. By following the steps outlined above carefully, you can help ensure that this legal requirement is met with accuracy and integrity, thereby fostering a straightforward and transparent transaction.

More About Texas Odometer Statement

  1. What is the purpose of the Texas Odometer Statement form VTR-40?

    This form is required by both Federal and State law for stating the mileage of a vehicle in connection with its ownership transfer. Its primary purpose is to ensure transparency in the transaction by accurately disclosing the vehicle's mileage, to protect buyers from fraud, and to help maintain a reliable record of a vehicle's history.

  2. Who needs to fill out this form?

    The seller or the agent responsible for the sale of the vehicle must fill out this form. It's important for the seller to provide accurate information to the best of their knowledge or face possible penalties.

  3. Are there situations when this form should not be used?

    Yes, this form cannot be used in conjunction with title transfer documents that comply with federal and state odometer disclosure requirements for Texas Certificate of Titles issued after April 29, 1990. Understand when your transaction applies to ensure correct documentation.

  4. What should I do if the mileage stated is not the actual mileage?

    If the odometer reading does not reflect the actual mileage of the vehicle, the relevant box on the form should be checked to indicate either that the mileage is in excess of its mechanical limits or that the odometer reading is not the actual mileage of the vehicle. This is crucial for maintaining the integrity of the transaction.

  5. What are the consequences of failing to complete the form or providing false information?

    Failing to complete this form or providing false information can result in fines and/or imprisonment. Under the Transportation Code, §501.155, falsifying information on this required statement or application is considered a third-degree felony.

  6. Is the buyer's acknowledgment required on this form?

    Yes, the buyer or the buyer's agent must acknowledge the odometer disclosure made by the seller or seller's agent by signing the form. This serves as evidence that the buyer is informed about the vehicle's mileage status at the time of purchase.

  7. How should the form be submitted?

    After completion, the form should be submitted along with any required title transfer documents as part of the vehicle's sale or ownership transfer process. It’s advisable to keep a copy for your records and ensure that all provided information is clear and accurate.

Common mistakes

When filling out the Texas Odometer Statement form, individuals often make several key mistakes that can lead to complications or legal issues. Awareness and careful attention to detail can help avoid these common errors.

  1. Not entering the exact odometer reading (no tenths) - It's crucial to provide the exact mileage without including tenths, as the form specifically requests.

  2. Failure to check the appropriate box if the mileage is not actual - If the odometer does not reflect the vehicle’s true mileage, due to rollover or odometer malfunction, the proper statement box must be checked to indicate this.

  3. Providing a false statement - Intentionally stating incorrect mileage can lead to severe penalties, including fines and imprisonment.

  4. Using the form inappropriately - This form is not to be used with title transfer documents that already comply with odometer disclosure requirements, specifically for vehicles issued a Texas Certificate of Title after April 29, 1990.

  5. Omitting seller/agent information - All spaces for seller or agent information, including printed name and signature, must be accurately filled in.

  6. Incorrect vehicle identification - Vehicle description, including year, make, model, and Vehicle Identification Number (VIN), must be accurately provided to avoid mismatches with official records.

  7. Not acknowledging the odometer disclosure by the buyer/agent - The buyer or the agent’s acknowledgment section is often overlooked but is required to confirm awareness of the odometer certification.

  8. Misprinting the firm's name, if applicable - If the vehicle is being sold or bought by a firm, the firm’s name must be clearly printed where indicated on the form.

  9. Leaving date of signatures blank - Dates next to signatures of both seller/agent and buyer/agent must be provided to validate the form.

  10. Ignoring the warning of potential penalties for falsifying information - This warning is not merely procedural but indicates the serious legal implications of providing false information on the form.

Addressing these mistakes with diligence and accuracy is vital in ensuring that the odometer disclosure process adheres to Texas legal requirements, thereby protecting all parties involved from potential legal and financial repercussions.

Documents used along the form

When transferring vehicle ownership in Texas, the Texas Odometer Statement form is a critical document designed to ensure transparency about the vehicle's mileage between the buyer and seller. However, this form is just one piece of the puzzle in the broader context of vehicle transaction documentation. Several other forms and documents often accompany the Texas Odometer Statement to complete the transfer process efficiently and legally. These documents each serve unique roles in ensuring the transfer is fully compliant with Texas law and provides a comprehensive record of the transaction.

  • Title Application: This is the primary document required for transferring ownership of the vehicle. It formally requests a new title under the new owner’s name and ensures the state records are updated.
  • Bill of Sale: This legal document details the transaction between the buyer and seller, including the sale price and date of sale. It serves as proof of purchase and may be required for tax purposes.
  • Vehicle Registration: The new owner must register the vehicle in their name. Registration proves that the vehicle is authorized for use on public roads and includes paying any applicable taxes and fees.
  • Vehicle Inspection Report: In Texas, vehicles are required to pass an inspection that covers safety and, in some areas, emissions standards. This report must be submitted when registering the vehicle.
  • Power of Attorney: Should the seller or buyer need someone else to sign documents on their behalf, a Power of Attorney form grants that person the legal authority to do so.
  • Release of Lien: If the vehicle was financed and the lien on the vehicle has been paid off, this document from the lender releases their interest in the vehicle, allowing for a clear transfer of title.
  • Vehicle Service Records: Though not always formally required, providing service records can assure the buyer about the vehicle’s maintenance history.
  • Loan Documents: If the buyer is financing the vehicle, loan documents will outline the terms of the loan, including interest rate and duration, and establish the lender’s lien on the vehicle.
  • Insurance Proof: In Texas, proof of insurance is required to register and legally operate the vehicle. New owners must provide evidence of insurance at the time of registration.

Together, these documents streamline the process of transferring vehicle ownership, ensuring all legalities are duly observed. By combining the Texas Odometer Statement with these additional forms and records, both parties can enjoy a transparent, secure transaction that adheres to Texas’ vehicle transfer regulations and requirements. Beyond just fulfilling legal requirements, these documents collectively provide a structured framework that protects the interests of both the buyer and the seller.

Similar forms

The Texas Odometer Statement form shares similarities with various other legal documents in several aspects. These documents are pivotal in various transactions and legal processes, ensuring transparency, compliance with laws, and protection against fraud. Below is a list of four documents similar to the Texas Odometer Statement form and how they compare:

  • Bill of Sale: Just like the Texas Odometer Statement form, a Bill of Sale is a document that provides proof of a transaction between a seller and a buyer, often for vehicles, boats, or personal property. Both documents are essential for legal transfers of ownership and are frequently used in conjunction with one another during vehicle sales to accurately record and report the sale's details, including price, condition, and, in the case of vehicles, mileage.

  • VIN Verification Form: This document is used to verify the Vehicle Identification Number (VIN) of a vehicle, much like the odometer disclosure is used to certify mileage. Both are critical for the accurate identification and authentication of a vehicle's history and specifications. They play a significant role in preventing fraud, ensuring that the details provided by the seller match the vehicle's official records.

  • Title Application: A Title Application, required for the legal registration of a vehicle in a new owner's name, often necessitates an accurate odometer reading, akin to the requirement on the Texas Odometer Statement form. Both documents contribute to the chain of title documentation, ensuring that all pertinent details about the vehicle are properly recorded and acknowledged by both the state and the new owner.

  • Truth in Mileage Act Disclosure: Federally mandated for most vehicle transactions, this disclosure specifically targets odometer accuracy, similar to the Texas Odometer Statement form's main purpose. Both aim to protect consumers from odometer tampering and provide a legal basis for correcting and reporting mileage discrepancies, thereby enhancing transparency and trust in vehicle transactions.

Each of these documents, while serving distinct purposes, overlaps in their goal to ensure the integrity and transparency of transactions involving valuable assets like vehicles. They form a crucial part of legal and regulatory frameworks designed to protect both buyers and sellers, reduce fraud, and ensure that all parties are operating under full disclosure.

Dos and Don'ts

Filling out the Texas Odometer Statement form, an essential document required for the transfer of vehicle ownership, mandates careful attention to detail and adherence to certain do's and don'ts. This guide aims to ensure that you complete the form correctly, avoiding common mistakes that could lead to legal complications.

Things You Should Do

  1. Verify the accuracy of the odometer reading before you fill out the form. This ensures that the mileage reported is an accurate representation of the vehicle's actual mileage.
  2. Ensure that the seller/agent name is clearly printed on the form, as it signifies who is responsible for the accuracy of the odometer reading provided.
  3. Check the appropriate box that accurately describes the status of the odometer reading, whether it reflects the actual mileage, exceeds its mechanical limits, or if the odometer discrepancy exists.
  4. Include the date of the odometer disclosure, as this information is crucial for documenting when the statement was made.
  5. Both the seller/agent and the buyer/agent should sign and print their names on the form to validate the odometer disclosure statement.
  6. Fill in the complete address information for both the seller/agent and buyer/agent to ensure all parties can be contacted if necessary.
  7. Understand the legal implications of the odometer disclosure statement, recognizing that providing false information is a severe offense.

Things You Shouldn’t Do

  • Do not leave any section of the form blank. Incomplete forms may not be legally binding or may cause delays in the transfer of ownership.
  • Do not guess the odometer reading. Always ensure that the number provided is accurate and verifiable.
  • Avoid using the form for vehicles that are exempt from odometer disclosure requirements, such as those titled before April 29, 1990.
  • Do not provide false or misleading information. Accuracy is critical, as falsification is a criminal offense.
  • Refrain from making corrections or alterations to the form without initialing next to any change, to maintain the document's integrity.
  • Do not disregard the need for both the buyer and seller to acknowledge the odometer statement. Both parties' signatures are essential for the form's validity.
  • Never use this form in isolation if additional documentation is required for a complete understanding of the vehicle's history and condition.

By adhering to these guidelines, you can ensure that the Texas Odometer Statement form is completed accurately and legally, facilitating a smooth transfer of vehicle ownership.

Misconceptions

The Texas Odometer Statement form, known as VTR-40, is a critical document in the vehicle sales process, designed to ensure transparency and honesty about a vehicle's mileage. Despite its importance, there are several misconceptions surrounding its use and requirements. It is imperative for both buyers and sellers to fully understand this form to avoid legal complications and ensure a fair transaction.

  • Myth 1: The Odometer Statement is only a formality and not legally binding.
    Contrary to this belief, the Texas Odometer Statement is a legal document backed by both federal and state laws. Incorrect or dishonest completion of this form can lead to severe consequences, including fines and imprisonment. Its purpose is to protect buyers from odometer tampering, ensuring they have accurate information about the vehicle’s condition.

  • Myth 2: Digital odometers have made the Odometer Statement obsolete.
    Despite technological advances, odometer fraud still exists, and digital odometers can be tampered with. The Odometer Statement remains a vital tool in recording and verifying a vehicle's mileage at the time of sale, regardless of whether it has a digital or mechanical odometer.

  • Myth 3: Only the seller needs to worry about the Odometer Statement.
    While the seller is responsible for providing accurate mileage information, the buyer must also acknowledge this disclosure by signing the form. This dual acknowledgement serves as a protective measure for both parties, confirming that the buyer is aware of the mileage and any discrepancies noted at the time of purchase.

  • Myth 4: Any title transfer document can serve as an Odometer Statement.
    This misunderstanding can lead to legal issues. The text clearly specifies that this form may not be used with title transfer documents not complying with odometer disclosure requirements set forth by federal and state laws. For vehicles titled after April 29, 1990, appropriate title documents must be used that specifically fulfill these odometer disclosure requirements.

  • Myth 5: The Odometer Statement is only necessary for older vehicles.
    Regardless of a vehicle's age, an Odometer Statement must be filled out during the transfer of ownership. This applies to both new and used vehicles. The form includes options to indicate if the mileage is beyond the mechanical limits of the odometer or if it's not the actual mileage, ensuring transparency for vehicles of any age.

In conclusion, the Texas Odometer Statement form plays a significant role in the vehicle transaction process, safeguarding the rights and interests of both buyers and sellers. By dispelling these myths, parties involved in a vehicle transaction can better appreciate the importance of accurate and honest odometer disclosure.

Key takeaways

When it comes to managing the paperwork for the transfer of vehicle ownership in Texas, the Odometer Disclosure Statement, form VTR-40, plays a crucial role. Here are four key takeaways that everyone should understand about filling out and using this form:

  • Legal Requirement: It is a legal requirement under both federal and state law to disclose the odometer reading when transferring the ownership of a vehicle. This ensures that the buyer has accurate information about the car's mileage, which can significantly impact the vehicle's value and the buyer's decision.
  • Accuracy is Key: The person completing the form must certify that the odometer reading reflects the actual mileage of the vehicle, to the best of their knowledge. If the mileage exceeds the mechanical limits of the odometer or if the odometer reading is not accurate, these must be indicated clearly on the form. Providing false information or failing to complete the form can lead to severe penalties, including fines and/or imprisonment.
  • Not Applicable for Certain Title Transfers: The VTR-40 cannot be used in conjunction with title transfer documents that already comply with federal and state odometer disclosure requirements. This includes Texas Certificates of Title issued on or after April 29, 1990. Before completing this form, verify whether the title transfer documents already meet these requirements to avoid redundancy or errors in disclosure.
  • Buyer Acknowledgment: The form also includes a section for acknowledgment by the buyer or the buyer's agent. This part confirms that the buyer is aware of the odometer certification made by the seller, which provides an additional layer of transparency and protection in the transaction process.

Understanding and accurately completing the Texas Odometer Disclosure Statement is essential for both buyers and sellers in ensuring a transparent and legal transfer of vehicle ownership. Always ensure that the information provided is accurate and that both parties fully understand their rights and responsibilities regarding odometer disclosure.

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