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Fill a Valid Texas Odometer Statement Form

The Texas Odometer Statement form, officially known as VTR-40 (Rev. 11/09), is an essential document required by federal and state law during the process of transferring vehicle ownership. It mandates sellers to accurately state the vehicle's mileage, warning that failure to comply or providing false information can lead to severe penalties, including fines or imprisonment. This form ensures transparency in the transaction and protects both parties by verifying the actual mileage of the vehicle in question.

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When buying or selling a vehicle in Texas, transparency regarding the vehicle's mileage is not just encouraged; it’s mandated by law. The Texas Odometer Statement form, formally known as VTR-40 (Rev. 11/09), plays a crucial role in this process, offering a standardized way to disclose the vehicle's mileage accurately during a transfer of ownership. It's a legal requirement under both federal and state law, aimed at preventing odometer fraud—a serious crime that can lead to fines and even imprisonment for those caught falsifying information. The form requires detailed vehicle information, including year, make, model, body style, and vehicle identification number (VIN), alongside the odometer reading. Significantly, the form includes provisions for cases where the odometer reading might not reflect the vehicle's actual mileage, such as if the mileage exceeds the odometer's mechanical limits or if the odometer is not accurate, highlighting a commitment to honesty in vehicle transactions. Completing this form is not only a legal obligation but a critical step in ensuring trust and transparency between buyers and sellers in the Texas vehicle market. However, it's important to note that this form is specific to certain types of vehicle transactions and cannot be used in conjunction with title transfer documents that already comply with federal and state odometer disclosure requirements, such as Texas Certificate of Titles issued after April 29, 1990. This balance of specificity and general requirement underlines the form's role in safeguarding consumer rights and maintaining the integrity of the vehicle sales process.

Preview - 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.

Form Characteristics

Fact Number Fact Detail
1 The form title is ODOMETER DISCLOSURE STATEMENT VTR-40.
2 Its latest revision was in November 2009.
3 Both federal and state laws require the disclosure of the vehicle's mileage when ownership is transferred.
4 Failure to complete the form or providing false information can lead to fines and/or imprisonment.
5 This specific form cannot be used in conjunction with title transfer documents that already comply with odometer disclosure requirements, such as Texas Certificates of Title issued after April 29, 1990.
6 The statement must include information such as the year, make, body style, model, and the Vehicle Identification Number (VIN).
7 The seller must certify to the best of their knowledge that the odometer reading reflects the actual mileage, unless it's stated otherwise due to limitations or discrepancies.
8 Falsifying information on this document is considered a third-degree felony under Transportation Code, §501.155.

How to Use Texas Odometer Statement

Filling out the Texas Odometer Statement form, known as VTR-40, is a critical step during the process of vehicle transactions in Texas. This document plays a pivotal role in ensuring transparency and honesty about a vehicle's mileage, as required by both federal and state laws. The form safeguards buyers and sellers from potential misunderstandings about a vehicle's wear and tear, ultimately fostering trust in the vehicular market. Whether you're selling your car privately or through an agency, completing this form accurately is crucial to avoid legal repercussions, such as fines or imprisonment. Below are the straightforward steps to fill out this form correctly.

  1. Identify the Form: Locate the title at the top to ensure you have the correct form, the Odometer Disclosure Statement (VTR-40).
  2. Vehicle Description: Start by providing detailed information about the vehicle. This includes the year it was made, its make (e.g., Toyota), body style (sedan, SUV), model, and the Vehicle Identification Number (VIN).
  3. Enter Seller/Agent Information: If you are the seller or the agent handling the sale, write your full name where indicated.
  4. Odometer Reading: Carefully enter the current odometer reading of the vehicle in the space provided, making sure not to include tenths.
  5. Mileage Accuracy: Check one of the boxes to indicate whether the mileage is accurate, exceeds the mechanical limits, or if there's an odometer discrepancy. If choosing the latter two, this signals a warning that requires buyer acknowledgment.
  6. Signature and Date: The seller or the agent must sign the form and print their name as it appears in the signature. The date of signing must also be filled in.
  7. Seller/Agent Address: Provide the street address, city, state, and zip code for the seller or the agent.
  8. Buyer's Acknowledgment: The buyer or the buyer's agent then needs to acknowledge the odometer certification made by the seller/agent by signing and printing their name, followed by filling in the date of acknowledgment.
  9. Buyer/Agent Address: Finally, the buyer or agent's street address, city, state, and zip code are filled in to complete the form.

Once all the steps are diligently followed, and the form is filled out, it constitutes a legally binding document regarding the vehicle's mileage at the time of the sale. This transparency is not only a legal requirement but a foundation of trust between the buyer and seller. It's recommended to keep a copy of this completed form for your records. The next step typically involves submitting this document along with any other required paperwork to complete the vehicle's title transfer process, ensuring all legal thresholds are met for a smooth transition of ownership.

Important Queries on Texas Odometer Statement

What is an Odometer Disclosure Statement and why is it required in Texas?

An Odometer Disclosure Statement is a legal document required in Texas and by federal law to record the accurate mileage of a vehicle at the time of its sale or transfer of ownership. The necessity of this form stems from the importance of providing a clear and honest record of the vehicle's mileage to the buyer, to prevent fraud and ensure consumer protection. Not completing this form or providing false information can lead to significant penalties, including fines and imprisonment.

Who should complete the Texas Odometer Statement form, and when?

The seller or the selling party's agent is responsible for completing the Odometer Disclosure Statement. It must be filled out during the transaction or transfer process of the vehicle's ownership. Specifically, this form plays a critical role in providing the buyer with accurate information about the vehicle's mileage, which can greatly influence the purchasing decision.

Can the Texas Odometer Statement form be used for all vehicles?

No, the Texas Odometer Disclosure Statement form, identified as VTR-40, is not suitable for use with all vehicles. Specifically, it cannot be used in conjunction with title transfer documents that comply with the federal and state odometer disclosure requirements for vehicles titled on or after April 29, 1990. For those vehicles, other federally and state-compliant documents must be used.

What information is required on the Texas Odometer Statement form?

The Texas Odometer Statement form requires detailed information regarding the vehicle being transferred. This includes the year, make, body style, model, and Vehicle Identification Number (VIN). Additionally, the actual odometer reading must be recorded (excluding tenths of miles). The form also provides options to indicate if the mileage exceeds the mechanical limits of the odometer or if the odometer reading is not the actual mileage, suggesting discrepancy.

What happens if the odometer reading is not accurate or exceeds its mechanical limits?

If the actual mileage of the vehicle exceeds its mechanical odometer limits or if the odometer reading is not accurate, the seller must clearly indicate this on the form by checking the appropriate statement. It's crucial to provide this information to maintain transparency and comply with the law, avoiding potential legal consequences for odometer fraud.

Is it a felony to falsify an odometer reading in Texas?

Yes, under Texas Transportation Code, §501.155, falsifying information on the Odometer Disclosure Statement or any other required documentation is considered a third-degree felony. This severe penalty underscores the importance of honesty and accuracy in reporting a vehicle’s mileage, reflecting the serious nature of odometer fraud and its implications for consumer trust and safety.

What are the next steps after completing the Texas Odometer Statement form?

After the Odometer Disclosure Statement form is accurately completed, both the seller and the buyer (or their respective agents) must sign and date it. The buyer then retains the form as a record of the odometer reading at the time of purchase. This form, along with other necessary documents, typically needs to be submitted to the Texas Department of Motor Vehicles (DMV) or a relevant vehicle registration office to update the vehicle’s title and registration records.

Common mistakes

Filling out the Texas Odometer Statement form, known formally as VTR-40, is a crucial step during the process of transferring vehicle ownership. However, errors can occur that might complicate or invalidate the procedure. Understanding common mistakes can ensure that this process goes smoothly.

  1. Not stating the mileage accurately: The primary purpose of the Odometer Disclosure Statement is to record the exact mileage of the vehicle. Mistakenly reporting this information can lead to legal issues or disputes between the buyer and seller.

  2. Failing to check the appropriate box if the mileage exceeds the mechanical limits or if it's not the actual mileage. These options are critical for maintaining transparency about the vehicle’s condition.

  3. Using the form for vehicles titled after April 29, 1990, for which this specific document might not be compliant with federal and state odometer disclosure requirements.

  4. Omitting the signature or printed name of the seller/agent or buyer/agent, which is a mandatory part of the acknowledgment process.

  5. Printing names inconsistently: The printed name should match the signature precisely to confirm the identity of both the seller and buyer.

  6. Incorrectly filling out firm names, when the vehicle is either sold by a firm or purchased by one. This information should align with official records.

  7. Leaving the vehicle description incomplete: Every detail such as year, make, model, body style, and vehicle identification number (VIN) must be accurately filled out to identify the vehicle clearly.

  8. Not understanding the legal implications of providing false information, which can result in fines or imprisonment as per Federal and State Law. It's essential to review all entries for their truthfulness and accuracy.

Beyond these common errors, it's also advisable to gather comprehensive information about the process and potential requirements that might accompany the odometer statement, ensuring both parties are well-informed and in compliance with Texas laws.

Documents used along the form

When it comes to vehicle transactions in Texas, it's essential to know that the Texas Odometer Statement form, also known as VTR-40, plays a critical role in ensuring an honest disclosure of the vehicle's mileage at the time of sale. However, this form is rarely, if ever, used in isolation. Various other documents often accompany it to complete a vehicle transfer effectively and legally. Understanding these documents can help individuals navigate the complexities of transferring vehicle ownership.

  • Application for Texas Title and/or Registration (Form 130-U): This form is necessary for applying for a vehicle title or registration. It requires information about the buyer, seller, and the vehicle.
  • Bill of Sale: Although not a legal requirement in Texas, a bill of sale provides a written record of the transaction, including details about the vehicle, buyer, and seller, and the sale price.
  • Vehicle Inspection Report (VIR): This report is required to register a vehicle. It confirms that the vehicle has passed the Texas State Safety Inspection.
  • Proof of Insurance: Texas law requires minimum liability insurance to register and operate a vehicle. Proof of insurance must be presented at the time of registration.
  • Release of Lien: If the vehicle had a lien against it, this document is necessary to prove that the lien has been satisfied and the owner holds clear title to the vehicle.
  • Power of Attorney (if applicable): When someone else is signing documents on behalf of the vehicle owner or purchaser, a Power of Attorney may be required to authorize these actions.
  • Government Issued Identification: A valid form of identification, such as a driver's license, is required from both the seller and buyer to process the transaction.
  • Receipt for Taxes Paid: If applicable, documentation showing that sales tax on the vehicle has been paid is necessary.
  • Loan Documentation (if applicable): If the vehicle is being financed, the loan documents must accompany the vehicle transfer paperwork to ensure proper lien placement.
  • Customs Declaration (for imported vehicles): If the vehicle was imported, a customs declaration proving that the vehicle has legally entered the U.S is required.

Together with the Texas Odometer Statement form, these documents contribute to a comprehensive packet that ensures a transparent, lawful transfer of vehicle ownership. Each document serves to protect the interests of both the buyer and seller while adhering to Texas state regulations. Being informed about what is required can significantly smooth the process of a vehicle transaction, making it an easier and more secure experience for all parties involved.

Similar forms

The Texas Odometer Statement form, designed for transparency during vehicle transactions, bears resemblance to several other documents essential in various fields for their roles in ensuring honesty and compliance with regulations. These documents, while serving distinct purposes, share foundational elements in terms of legal and procedural importance.

One similar document is the Bill of Sale, which, like the Odometer Statement, is often used in private transactions between buyers and sellers. The key similarity lies in providing a written record of the transaction details, including significant identifiers and statements about the item being sold. While it might not have a section specifically for odometer reading, it serves the same purpose of certifying the condition and ownership of the item at the time of sale.

The Title Transfer document, another critical piece in vehicle transactions, parallels the Odometer Statement by including essential vehicle identifiers and transferring ownership from one party to another. It specifically requires an odometer disclosure for vehicles of a certain age, ensuring that the buyer is aware of the accurate mileage and consequently the vehicle’s condition.

The Real Estate Disclosure Statement, used in the sale of property, also shares a fundamental similarity with the Odometer Statement. It requires the seller to disclose various conditions and facts about the property, directly impacting the buyer’s decision-making process. Like the odometer disclosure, it serves to protect the buyer from future surprises about the property’s condition.

The Employment Eligibility Verification Form (I-9) is required by employers in the United States to verify an employee's identity and eligibility to work. Although its primary purpose is different, it similarly obligates parties to provide accurate information under penalty of perjury, highlighting its parallel in ensuring integrity and compliance with federal laws.

The Health Insurance Portability and Accountability Act (HIPAA) Authorization Form, necessary for disclosing a person’s health information, aligns with the Texas Odometer Statement in context of consent and disclosure. It mandates that certain information be accurately conveyed to authorized parties, ensuring informed decisions and privacy protection, akin to the odometer disclosure’s role in vehicle transactions.

The Warranty Deed, used in real estate to transfer property ownership, echoes the importance of accurate representations found in the Odometer Statement. By guaranteeing the seller holds clear title to the property, it reassures the buyer about the legitimacy of the transaction, similarly to how accurate mileage disclosure reassures vehicle purchasers.

Lastly, the General Power of Attorney (POA) document, authorizing one to act on another's behalf in legal or financial matters, shares the core attribute of trust and accurate representation. Though its scope is broader, the necessity for honesty and precision in representing facts or conducting transactions on behalf of others draws a parallel with the odometer disclosure’s intent to ensure transparency and prevent fraud.

Together, these documents underscore the broad applicability of principles like honesty, transparency, and legal compliance across various domains, illustrating how the Texas Odometer Statement form fits within a larger ecosystem of documents designed to facilitate truthful transactions and protect consumer rights.

Dos and Don'ts

When filling out the Texas Odometer Statement form, it is crucial to adhere to both federal and state regulations to ensure both the legality and accuracy of the document. This article outlines key actions to take and avoid in the process of completing this form.

Do:

  1. Ensure that the odometer reading reflects the vehicle’s actual mileage as accurately as possible. If the exact mileage is unknown or uncertain, clarification should be sought before the submission of this form.
  2. Check the appropriate box if the vehicle’s mileage exceeds its mechanical limits or if the odometer reading does not reflect the actual mileage, to avoid misleading information.
  3. Provide complete and accurate vehicle information, including the year, make, model, and body style, as well as the Vehicle Identification Number (VIN).
  4. Clearly print and sign your name where indicated for both the seller/agent and buyer/agent sections. If the vehicle is being sold or purchased by a firm, the firm’s name should be printed in the designated space.
  5. Include full addresses for both the seller and buyer, ensuring that all pertinent details such as street address, city, state, and zip code are thoroughly and accurately provided.
  6. Review the entire form before signing to guarantee that all information is correct and no sections have been inadvertently overlooked or missed.

Don't:

  • Do not leave any sections of the form blank. If a section does not apply, indicate this status appropriately. Incomplete forms may be rejected or may not fulfill legal requirements.
  • Avoid guessing or estimating the odometer reading. The disclosure must be as accurate as possible to avoid potential legal consequences.
  • Do not use this form for vehicles that have titles compliant with the federal and state odometer disclosure requirements issued on or after April 29, 1990.
  • Refrain from providing falsified or knowingly inaccurate information. Misrepresentation of the odometer reading is a serious offense that can result in fines and imprisonment.
  • Do not disregard the importance of checking the appropriate statement concerning the odometer reading if it does not represent the actual mileage or if the vehicle's mileage is beyond its mechanical limits.
  • Avoid rushing through the form without double-checking all the details and boxes selected. Accuracy is paramount to avoid legal issues or the need to resubmit the form.

By diligently following these guidelines, sellers and buyers can navigate the process of odometer disclosure responsibly, ensuring compliance with the necessary legal standards and fostering transparency in the vehicle transfer process.

Misconceptions

Odometer fraud is a serious concern in the sale and purchase of vehicles, which has led to stringent regulations requiring accurate disclosure of a vehicle's mileage. The Texas Odometer Disclosure Statement form plays a critical role in this process. However, there are several misconceptions about the form and its requirements. Understanding these misconceptions is vital to ensuring compliance with the law and protecting one's interests during a vehicle transaction.

  • Misconception 1: The odometer statement is only a formality and isn't legally binding. In reality, the odometer statement is a legal document required by both federal and state law. Incorrectly filling out this form or providing false information can lead to severe penalties, including fines and imprisonment.

  • Misconception 2: Any vehicle transaction requires this specific odometer statement form. This form is not needed for vehicles whose title transfer documents already comply with federal and state odometer disclosure requirements, specifically for Texas Certificates of Title issued after April 29, 1990.

  • Misconception 3: Odometer statements are not necessary for older vehicles. Even for older vehicles or those with mechanical limits exceeded, accurate mileage disclosure is required. The statement offers options to indicate these special circumstances accurately.

  • Misconception 4: Digital odometers have made these statements unnecessary. Regardless of whether a vehicle has a digital or mechanical odometer, the disclosure statement is still required. Digital odometers can also be tampered with, making accurate disclosure essential.

  • Misconception 5: The buyer’s acknowledgment is optional. The buyer or the buyer's agent must acknowledge the odometer certification made by the seller or seller's agent. This acknowledgment is a mandatory part of the document, ensuring both parties are aware of the odometer reading and its accuracy.

  • Misconception 6: The statement is valid without a printed name that matches the signature. For the statement to be legally binding, the printed name of the individual completing the form must match the signature, whether it is the seller, the buyer, or their respective agents.

  • Misconception 7: Falsifying an odometer statement is a minor offense. Falsifying an odometer statement is considered a third-degree felony under the Texas Transportation Code (§501.155), which emphasizes the seriousness of the offense.

  • Misconception 8: The odometer statement is the only documentation required for a car sale. While the odometer statement is crucial, it is part of a broader set of documents required for a vehicle's sale and transfer of ownership, which might include a title, bill of sale, and additional disclosures depending on the situation.

Ensuring accurate and honest completion of the Texas Odometer Disclosure Statement is critical in any vehicle transaction. By dispelling these misconceptions, sellers and buyers can better understand their obligations and rights, leading to smoother and legally compliant transactions.

Key takeaways

Filling out the Texas Odometer Statement form accurately and truthfully is an essential step in the vehicle transfer process. Here are four key takeaways to ensure that the form is used correctly:

  • Legal Requirements: Both federal and state law mandate the disclosure of accurate mileage information by the seller or agent during the ownership transfer of a vehicle. Providing false information or failing to complete the odometer statement correctly can lead to significant penalties, including fines and imprisonment.
  • Compatibility with Title Transfer Documents: The Texas Odometer Statement form (VTR-40) is not to be used with title transfer documents that already comply with federal and state odometer disclosure requirements. This includes Texas Certificate of Titles issued after April 29, 1990. It's crucial to determine the appropriate documentation required for each specific transaction.
  • Disclosure of Actual Mileage: The seller or agent must certify to the best of their knowledge that the odometer reading reflects the vehicle’s actual mileage. Exceptions apply if the vehicle's mileage exceeds its mechanical limits or if the odometer reading is not the actual mileage, which must be clearly indicated on the form.
  • Acknowledgment by Buyer/Agent: The buyer or the buyer’s agent must acknowledge the odometer certification provided by the seller. This acknowledgment is an integral part of the process, ensuring that the buyer is fully informed about the vehicle’s mileage history before completing the purchase.

Accuracy and honesty in completing the Texas Odometer Statement form safeguard all parties involved in the vehicle transfer process. It ensures a transparent transaction, reducing the risk of disputes related to vehicle mileage. Always verify that the information provided on the form is consistent with the vehicle’s actual mileage and comply with all legal requirements to avoid potential penalties.

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