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The Texas Odometer Statement form, known as VTR-40, plays a crucial role in vehicle ownership transfers in Texas. This form is essential for both sellers and buyers, as it ensures that the mileage reported during a sale is accurate. The law mandates that the seller must disclose the odometer reading at the time of the transaction, and any failure to do so can lead to serious consequences, including fines or even imprisonment. The form requires basic vehicle information such as the year, make, model, and Vehicle Identification Number (VIN). Sellers must certify that the mileage is correct to the best of their knowledge, while also providing options for noting discrepancies, such as if the odometer has exceeded its mechanical limits. Buyers must acknowledge the odometer disclosure, confirming their awareness of the seller's certification. This process helps protect both parties and maintains transparency in vehicle sales, aligning with federal and state regulations. Falsifying information on this form is a serious offense, classified as a third-degree felony under Texas law, underscoring the importance of accuracy in these disclosures.

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.

Document Specifics

Fact Name Description
Form Name The form is officially called the Odometer Disclosure Statement VTR-40.
Governing Laws It is governed by both Federal and Texas state laws.
Purpose This form is used to disclose the mileage of a vehicle during ownership transfer.
Legal Requirement Both federal and state law require the mileage to be stated when transferring ownership.
Consequences of False Statements Providing false information can lead to fines and/or imprisonment.
Limitations This form cannot be used with title transfer documents that meet federal and state requirements.
Odometer Reading The form requires the odometer reading, which must be stated without tenths.
Felony Warning Falsifying information on this form is classified as a third-degree felony under Texas Transportation Code, §501.155.

Texas Odometer Statement: Usage Instruction

Completing the Texas Odometer Statement form is an essential step in the vehicle transfer process. After filling out this form, it is important to ensure that all parties involved understand the implications of the odometer disclosure. This document must be presented during the transfer of ownership, as it confirms the accuracy of the vehicle's mileage.

  1. Obtain the Texas Odometer Statement form (VTR-40).
  2. Fill in the Seller/Agent Name at the top of the form.
  3. Provide the Year, Make, Body Style, Model, and Vehicle Identification Number (VIN) of the vehicle.
  4. Enter the Odometer Reading (without tenths).
  5. Sign and date the form in the Signature of Seller/Agent section.
  6. Print your name in the Printed Name section, ensuring it matches your signature.
  7. If applicable, print the firm’s name above the signature line.
  8. Provide your Street Address, City, State, and Zip Code in the designated fields.
  9. In the acknowledgment section, the buyer/agent should sign and date the form.
  10. Have the buyer/agent print their name and, if applicable, the firm’s name in the appropriate sections.
  11. Finally, ensure the buyer/agent provides their Street Address, City, State, and Zip Code.

Learn More on Texas Odometer Statement

What is the Texas Odometer Statement form?

The Texas Odometer Statement form, officially known as VTR-40, is a document required by federal and state law. It serves to disclose the mileage of a vehicle during the transfer of ownership. This form is crucial to ensure that buyers receive accurate information about the vehicle's mileage, helping to prevent fraud and misrepresentation.

Who needs to complete the Odometer Statement?

Both the seller and the buyer or their agents must complete the Odometer Statement. The seller certifies the accuracy of the mileage, while the buyer acknowledges this certification. This mutual agreement is essential for a transparent transaction.

What information is required on the form?

The Odometer Statement requires several key pieces of information:

  1. Year, make, body style, and model of the vehicle
  2. Vehicle Identification Number (VIN)
  3. The odometer reading (without tenths)
  4. Certification by the seller regarding the accuracy of the mileage
  5. Acknowledgment by the buyer of the seller's certification

What happens if the form is not completed correctly?

Failing to complete the Odometer Statement accurately can lead to serious consequences. If the form is not filled out or if false information is provided, the parties involved may face fines and even potential imprisonment. It is critical to ensure all details are correct to avoid any legal complications.

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

No, the Texas Odometer Statement cannot be used in conjunction with title transfer documents that already comply with federal and state odometer disclosure requirements. Specifically, if a Texas Certificate of Title was issued on or after April 29, 1990, it will contain the necessary odometer disclosure, making the separate form unnecessary.

What should I do if the odometer reading is not accurate?

If the odometer reading is not accurate, the seller must check the appropriate box on the form indicating that the odometer reading is not the actual mileage. This is important to inform the buyer of any discrepancies and to maintain transparency in the transaction.

Are there penalties for falsifying information on the Odometer Statement?

Yes, there are significant penalties for falsifying information on the Odometer Statement. Under Transportation Code §501.155, providing false information is considered a third-degree felony. This can result in serious legal repercussions, including fines and imprisonment.

Where can I obtain the Texas Odometer Statement form?

The Texas Odometer Statement form can be obtained from the Texas Department of Motor Vehicles (TxDMV) website or local DMV offices. It is important to use the most recent version of the form to ensure compliance with current regulations.

Common mistakes

Filling out the Texas Odometer Statement form correctly is crucial for both buyers and sellers. Unfortunately, many people make common mistakes that can lead to complications. One frequent error is neglecting to provide the correct vehicle identification number (VIN). The VIN is essential for identifying the vehicle and ensuring that the odometer reading corresponds to the right car. A missing or incorrect VIN can create confusion and may delay the transfer process.

Another mistake is failing to include the odometer reading. This reading must be stated clearly and accurately. If the reading is omitted, it raises questions about the vehicle’s history and can lead to legal issues. Additionally, some individuals mistakenly provide an odometer reading that includes tenths of a mile. The form specifically asks for the reading in whole numbers, so including tenths can result in an incorrect entry.

People often overlook the importance of signing the form. Both the seller and the buyer must sign to acknowledge the odometer disclosure. A missing signature can invalidate the document, causing further complications in the title transfer process. Furthermore, some individuals forget to print their names next to their signatures. This step is crucial for clarity and helps to avoid any disputes regarding who signed the document.

Another common oversight is not checking the appropriate box if the odometer reading is inaccurate. If the odometer is not functioning correctly, or if the mileage exceeds mechanical limits, it is vital to check the corresponding box on the form. Failing to do so can lead to legal ramifications and may be viewed as an attempt to mislead the buyer.

In addition, individuals sometimes provide an incomplete vehicle description. This includes omitting details such as the year, make, model, or body style. Each of these elements is necessary to ensure that the buyer receives the correct vehicle. An incomplete description can lead to misunderstandings and disputes later on.

Many people also forget to include their complete address on the form. Providing a full street address, city, state, and zip code is essential for proper identification and record-keeping. An incomplete address may complicate future communications regarding the vehicle.

Lastly, individuals often underestimate the significance of understanding the legal implications of the form. The warning at the bottom of the document states that falsifying information is a serious offense. Being aware of this can encourage individuals to take the process seriously and avoid making careless mistakes.

By being mindful of these common errors, individuals can ensure a smoother transaction when completing the Texas Odometer Statement form. Taking the time to fill out the form accurately benefits both the seller and the buyer, paving the way for a successful transfer of ownership.

Documents used along the form

The Texas Odometer Statement form is an important document used during the transfer of vehicle ownership. Along with this form, several other documents may be required to ensure a smooth transaction. Below is a list of other forms and documents that are commonly used in conjunction with the Texas Odometer Statement.

  • Texas Certificate of Title: This is the primary document that proves ownership of a vehicle. It contains details about the vehicle, including its make, model, and Vehicle Identification Number (VIN).
  • Bill of Sale: This document serves as proof of the transaction between the buyer and seller. It includes details about the vehicle, the sale price, and the parties involved.
  • Application for Texas Title: This form is used to apply for a new title when ownership of a vehicle changes. It is often required when the vehicle is being registered in a new owner's name.
  • Vehicle Registration Application: This form is necessary for registering a vehicle with the state. It typically requires information about the vehicle and the owner.
  • Emissions Inspection Report: In certain areas, a vehicle must pass an emissions test before it can be registered. This report confirms that the vehicle meets environmental standards.
  • Power of Attorney: If someone is acting on behalf of the owner during the transaction, a power of attorney document may be needed to grant them the authority to sign documents.
  • Affidavit of Heirship: This form is used when a vehicle is inherited. It establishes the rightful ownership of the vehicle among heirs.
  • Release of Lien: If there is a loan on the vehicle, this document is needed to show that the lien has been satisfied and the lender no longer has a claim to the vehicle.
  • VIN Verification Form: This form is used to confirm the Vehicle Identification Number, ensuring that the vehicle being sold matches the information on the title.

Having the correct documentation is essential for a successful vehicle transfer. Each of these forms plays a vital role in ensuring that the process is transparent and legally compliant. It is advisable to gather all necessary documents before proceeding with the sale or purchase of a vehicle.

Similar forms

The Vehicle Title Application (Form VTR-130) is a document used in Texas to apply for a new vehicle title. Similar to the Texas Odometer Statement, it requires detailed information about the vehicle, including its identification number and owner details. Both forms serve to establish legal ownership and require signatures from both the seller and buyer. They ensure that all parties are aware of their responsibilities and the vehicle's history, particularly regarding mileage, which can significantly affect the vehicle's value.

The Bill of Sale is another document that shares similarities with the Texas Odometer Statement. This form serves as a receipt for the transaction and includes essential information about the vehicle, such as the make, model, and identification number. While the Bill of Sale does not specifically address odometer readings, it often includes a section where the seller certifies the accuracy of the mileage. This creates a legal record of the transaction and reinforces the importance of honesty in reporting vehicle conditions, just as the Odometer Statement does.

The Application for Duplicate Title (Form VTR-34) is used when an individual needs to replace a lost or stolen vehicle title. Like the Texas Odometer Statement, this form requires the vehicle's identification number and details about the owner. Both documents are essential for maintaining accurate records with the state and ensuring that ownership can be verified. While the Odometer Statement focuses on mileage disclosures, the Application for Duplicate Title emphasizes the need for accurate ownership documentation.

The Vehicle Registration Application (Form VTR-101) is another related document. This form is required for registering a vehicle with the state and includes similar information about the vehicle and its owner. Both the Vehicle Registration Application and the Texas Odometer Statement aim to establish a clear record of ownership and vehicle history. They ensure that the state has accurate information regarding the vehicle's status and any potential discrepancies in mileage reporting.

Lastly, the Affidavit of Heirship for a Motor Vehicle is a document that can come into play when a vehicle owner passes away, and the heirs need to transfer ownership. This form requires details about the vehicle and the deceased owner, similar to the Texas Odometer Statement. Both documents require accurate information to prevent fraud and ensure that the rightful owner is recognized. They serve as a safeguard against disputes regarding ownership and vehicle history, emphasizing the importance of transparency in all vehicle transactions.

Dos and Don'ts

When filling out the Texas Odometer Statement form, it is important to follow specific guidelines to ensure compliance with the law. Here are ten things you should and shouldn't do:

  • Do provide accurate information regarding the vehicle's mileage.
  • Don't leave any sections of the form blank; complete all required fields.
  • Do check the appropriate box if the odometer reading is not the actual mileage.
  • Don't provide false information; doing so can result in serious penalties.
  • Do sign and print your name clearly on the form.
  • Don't forget to include the date of your signature.
  • Do ensure that the Vehicle Identification Number (VIN) is correct and matches the vehicle.
  • Don't use this form for title transfers that do not comply with federal and state requirements.
  • Do provide your complete address to avoid any processing issues.
  • Don't assume that the buyer is aware of the odometer certification; make sure they acknowledge it.

By adhering to these guidelines, you can help ensure a smooth transaction and avoid potential legal issues.

Misconceptions

There are several misconceptions surrounding the Texas Odometer Statement form that can lead to confusion. Understanding these can help ensure compliance and protect all parties involved in a vehicle transaction.

  • The form is optional for all vehicle transfers. Many believe that the Texas Odometer Statement is not required for every vehicle sale. In reality, federal and state laws mandate that mileage must be disclosed during ownership transfers.
  • Only the seller is responsible for completing the form. Some think that the seller bears all responsibility for the odometer statement. However, both the seller and buyer must acknowledge the information provided on the form.
  • Any mileage disclosure is sufficient. It is a common misconception that any statement about mileage will suffice. The form must be accurately completed, as false statements can lead to serious legal consequences.
  • The form can be used with any title transfer documents. Some individuals assume that the Texas Odometer Statement can accompany any title transfer. This is incorrect; it cannot be used with title documents that meet federal and state odometer disclosure requirements.

Key takeaways

When filling out the Texas Odometer Statement form, there are several important points to keep in mind. This form is essential for accurately disclosing a vehicle's mileage during ownership transfer.

  • Mandatory Requirement: Federal and state laws require that you disclose the vehicle's mileage when transferring ownership.
  • Consequences of Inaccuracy: Providing false information or failing to complete the form can lead to fines and possible imprisonment.
  • Not for Title Transfers: This form cannot be used alongside title transfer documents that already meet federal and state odometer disclosure requirements.
  • Vehicle Details Required: You must include specific details about the vehicle, such as the year, make, model, and Vehicle Identification Number (VIN).
  • Certification of Mileage: The seller or agent must certify that the odometer reading reflects the actual mileage, unless otherwise indicated.
  • Odometer Reading Options: If applicable, check the appropriate box if the mileage exceeds mechanical limits or is not the actual mileage.
  • Buyer Acknowledgment: The buyer or agent must acknowledge the odometer certification by signing and providing their printed name.
  • Legal Implications: Falsifying information on the form is a serious offense, classified as a third-degree felony under Texas law.

Understanding these key points can help ensure compliance and protect all parties involved in the vehicle transfer process.