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Content Overview

The intricate dynamics of vehicle transactions in Texas necessitate meticulous adherence to legal requirements, among which, the Texas Odometer Statement form, or VTR-40, stands out due to its crucial role in the transfer of vehicle ownership. Embedded within the regulatory framework of both federal and state law, this document serves as a safeguard against odometer fraud, promoting transparency and trust in the transaction process. Required at the juncture of ownership transfer, the form demands that sellers accurately disclose the vehicle's mileage, a simple yet profound action that carries significant legal weight. Failure to fulfill this obligation, or worse, the provision of falsified information, exposes individuals to hefty penalties, including fines and, potentially, imprisonment. It is pertinent to note the specificity of this requirement; the form, revised in November 2009, is not applicable for title transfer documents adhering to the post-April 29, 1990, odometer disclosure stipulations, thereby underscoring the importance of using the correct documentation in adherence to evolving regulations. Furthermore, the form encompasses sections for detailed vehicle description—spanning year, make, model, body style, and identification number—alongside a declaration space for the seller to attest to the odometer's accuracy or acknowledge discrepancies. This intricate process not only emphasizes the seller's responsibility but also extends an acknowledgment section to the purchaser, ensuring a reciprocal recognition of the disclosed odometer reading. As such, the Texas Odometer Statement form stands as a testament to the state's commitment to consumer protection and legal integrity within the realm of vehicle transactions.

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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.

Form Specifications

# Fact
1 The form used for odometer disclosure in Texas is the VTR-40 (Rev. 11/09).
2 This form is a requirement under both Federal and State laws when transferring ownership of a vehicle.
3 Failing to complete this form or providing a false statement can lead to fines and/or imprisonment.
4 The Texas Odometer Statement form cannot be used with title transfer documents that comply with federal and state odometer disclosure requirements for titles issued on or after April 29, 1990.
5 The form requires detailed vehicle description, including year, make, body style, model, and vehicle identification number.
6 The seller or agent must certify the accuracy of the odometer reading, unless stating otherwise due to mechanical limits or odometer discrepancy.
7 There is a section on the form for the buyer or buyer's agent to acknowledge the odometer disclosure made by the seller or agent.
8 Both the seller/agent and buyer/agent must provide a signature, printed name, and address details on the form.
9 If the vehicle is titled in the name of a firm, the form allows for the firm's name to be printed in place of an individual seller's or buyer's name.
10 The Texas Transportation Code, §501.155, indicates that falsifying information on the form is considered a third-degree felony.

Texas Odometer Statement: Usage Guidelines

When it comes to buying or selling a vehicle in Texas, filling out the Odometer Disclosure Statement (Form VTR-40) is a critical step. This document is not just a formality; it's a legal requirement designed to protect both parties from fraud. Failure to accurately complete this form can lead to serious consequences, including fines and imprisonment. The form ensures transparency about the vehicle's mileage, which is crucial for assessing its value and condition. Once completed, the form provides a clear record that can help prevent disputes down the line. Let's go through the steps to accurately complete the Odometer Disclosure Statement, ensuring a smooth and lawful transaction.

  1. Start by filling in the vehicle description, including its Year, Make, Body Style, Model, and the Vehicle Identification Number (VIN).
  2. Next, the seller or the agent's name should be clearly written in the space provided. This acknowledges who is completing the form.
  3. Enter the current Odometer Reading in the designated space, making sure not to include tenths.
  4. If applicable, check one of the two boxes below the odometer reading:
    • The first box indicates that the mileage stated is beyond the vehicle's mechanical limits.
    • The second box should be checked if the odometer reading is not the actual mileage, indicating an odometer discrepancy.
  5. Fill in the date on which the form is being completed next to the seller/agent's signature line.
  6. The seller or agent must then sign the form, immediately followed by printing their name as it appears in the signature. If the vehicle is owned by a firm, the firm's name should be included above the street address.
  7. Complete the seller/agent's address information, including the Street Address, City, State, and Zip Code.
  8. The buyer, or their agent, also needs to acknowledge the odometer certification made by the seller. This is done by first filling in the date of the acknowledgment next to the space for the signature.
  9. Similar to the seller's section, the buyer or their agent must sign and print their name as it appears in the signature. If the vehicle is purchased by a firm, the firm's name should be included above the street address.
  10. Finally, the buyer's address information, including the Street Address, City, State, and Zip Code, should be filled in.

After filling out the Odometer Disclosure Statement correctly, make sure to review it for accuracy. Both the buyer and seller should retain a copy for their records. This document serves as a vital record of the transaction and ensures that both parties are aware of the true mileage of the vehicle. Completing this form with care and diligence is essential for a transparent and lawful vehicle transfer process in Texas.

Your Questions, Answered

What is the Texas Odometer Statement form (VTR-40) used for?

The Texas Odometer Statement form, also known as VTR-40, is a crucial document used during the sale or transfer of a vehicle. It requires the seller to disclose the accurate mileage of the vehicle at the time of sale. This ensures transparency and honesty in the transaction, as federal and state laws mandate that the mileage be stated in connection with the transfer of ownership. Omitting this information or providing false statements can lead to severe penalties such as fines or imprisonment.

When is using the Texas Odometer Statement form not applicable?

This form is not applicable for title transfer documents that already comply with federal and state odometer disclosure requirements. For instance, Texas Certificate of Titles issued on or after April 29, 1990, have built-in sections for odometer disclosure, making the VTR-40 form unnecessary in such cases.

What are the penalties for failing to complete the Texas Odometer Statement form or providing false information?

Failing to complete the Texas Odometer Statement form or providing false information can result in significant penalties, including fines and/or imprisonment. This strict stance underscores the importance of accurate and honest disclosures regarding a vehicle's mileage during ownership transfers.

How do I fill out the odometer section if the vehicle's mileage exceeds its mechanical limits?

If a vehicle's mileage exceeds its mechanical limits, you should check the corresponding box on the form indicating that the mileage stated is in excess of its mechanical limits. This is important for older vehicles that have odometers capable of displaying a maximum of 99,999 miles, which might roll over after hitting this limit.

What should I do if the odometer reading is not the actual mileage of the vehicle?

If the odometer reading is not the actual mileage of the vehicle, mark the provided option stating, "The odometer reading is not the actual mileage. WARNING – ODOMETER DISCREPANCY." This is crucial for instances where the odometer may have been tampered with or is malfunctioning, ensuring the buyer is made aware of potential discrepancies.

Who needs to sign the Texas Odometer Statement form?

Both the seller or the seller's agent and the buyer or the buyer's agent must sign the Texas Odometer Statement form. This acknowledgement from both parties ensures that the seller has provided the odometer disclosure and that the buyer is aware of the odometer reading and any disclosed discrepancies at the time of purchase.

Is this form required for all vehicle sales in Texas?

Yes, the Texas Odometer Statement form is required for all vehicle sales in Texas when the title transfer documents do not comply with federal and state odometer disclosure requirements. Its aim is to protect buyers and sellers by ensuring mileage accuracy and providing a clear record of the vehicle's history.

Can I use the Texas Odometer Statement form for vehicles titled out of state?

While the Texas Odometer Statement form is designed to comply with Texas state requirements, its applicability to vehicles titled out of state may vary based on the specific requirements of those states. It's advisable to consult with the relevant state's motor vehicle department or a legal expert to ensure compliance.

What happens if a discrepancy is found after the sale regarding the odometer reading?

If a discrepancy regarding the odometer reading is discovered after the sale, it could lead to legal disputes or actions. The buyer may have grounds to claim against the seller if it can be proven that the odometer was tampered with or if false information was knowingly provided. This situation underscores the importance of accurate disclosure on the Texas Odometer Statement form.

Where can I find the Texas Odometer Statement form?

The Texas Odometer Statement form, or VTR-40, can be obtained from the Texas Department of Motor Vehicles (TxDMV) website or at local TxDMV offices. It is vital to use the latest version of the form to ensure compliance with current laws and regulations regarding odometer disclosure during vehicle transactions.

Common mistakes

Filling out the Texas Odometer Statement form is a crucial step in the vehicle sale process, ensuring compliance with federal and state laws. However, this task can sometimes be confusing, leading to common mistakes. Recognizing and avoiding these errors can streamline the transfer of ownership and prevent potential legal issues.
  1. Not clearly stating the mileage in the designated section can lead to misunderstandings or accusations of fraud. It's essential to provide the exact odometer reading without tenths.

  2. Leaving out the seller or agent's name can invalidate the document, as it's crucial for establishing who is responsible for the odometer disclosure.

  3. Forgetting to check the appropriate box if the vehicle's mileage exceeds its mechanical limits or if the odometer doesn't reflect the actual mileage. This oversight can lead to discrepancies and legal challenges.

  4. Ignoring the date of the statement leaves the document incomplete, making it difficult to establish the timeline of ownership transfer.

  5. Omitting the signature of the seller or agent renders the statement unenforceable, as the document must be legally acknowledged by the person disclosing the odometer reading.

  6. Failing to print the name of the seller or agent, as required, can result in the document's rejection, since printed names ensure clear identification of the parties involved.

  7. Not including the full address of the seller or agent can complicate efforts to validate or contact the party involved in the future, should any issues arise.

  8. The buyer or agent neglecting to acknowledge the odometer disclosure by leaving their section blank undermines the legal agreement and can lead to disputes.

  9. Forgetting to print the buyer or agent's name next to their signature complicates the verification process, hindering the validation of the document.

  10. Lastly, inaccuracies or deliberate falsification of information on the form are serious offenses, potentially leading to third-degree felony charges as stipulated by the Transportation Code, §501.155.

Avoiding these mistakes requires attention to detail and a thorough understanding of the form's requirements. Those involved in the sale or transfer of a vehicle should meticulously review their odometer statement to ensure accuracy and compliance with the law, thereby protecting all parties involved in the transaction.

Documents used along the form

When transferring vehicle ownership in Texas, the Odometer Disclosure Statement is a crucial piece of documentation. However, it is often accompanied by several other important forms and documents that facilitate a smooth and legally compliant transfer process. Understanding these additional documents can help individuals navigate the complexities of vehicle transactions with confidence.

  • Application for Texas Title and/or Registration (Form 130-U): This form is essential for the official transfer of a vehicle's title and registration to the new owner. It captures detailed information about the vehicle and the transaction.
  • Bill of Sale of Motor Vehicle: Although not mandatory, this document is a useful record of the sale, including details such as the purchase price and the condition of the vehicle at the time of sale. It can serve as a personal record for both buyer and seller.
  • VIN Inspection Form (VI-30): A Vehicle Identification Number (VIN) inspection is required for vehicles being titled in Texas for the first time that were previously titled or registered in another state or country. This inspection verifies the vehicle's identity.
  • Power of Attorney for Motor Vehicle (VTR-271): This form allows a vehicle owner to authorize another individual to sign on their behalf for the purposes of title and registration transactions.
  • Release of Lien (Form VTR-266): If there was a lien on the vehicle, this document releases the lienholder’s interest in the vehicle. It's critical for ensuring the new owner receives a clear title.
  • Gift Affidavit (Form 14-317): If the vehicle is being transferred as a gift, this form is required to document that the transaction is not a sale and, therefore, not subject to sales tax.
  • Two Steps, One Sticker Inspection and Registration: In Texas, vehicles must pass an annual safety inspection. When transferring ownership, the vehicle may need a current inspection depending on its inspection and registration renewal dates.
  • Name and Address Change Form (VTR-146): If the seller or buyer needs to update their contact information as part of the transaction, this form facilitates the process with the Texas Department of Motor Vehicles.

Together, these documents ensure that the process of transferring a vehicle in Texas is thorough and compliant with state and federal laws. By familiarizing themselves with these forms, individuals can ensure they are prepared for a variety of situations that may arise during the vehicle transfer process. It’s always recommended to check the latest requirements and forms on the Texas Department of Motor Vehicles website or consult with a professional to ensure compliance with all legal obligations.

Similar forms

The Texas Odometer Statement form, while unique in its specific application and use, shares similarities with a variety of other documents often used in legal, real estate, and financial transactions. These documents are designed to protect the parties involved by ensuring transparency and compliance with relevant laws.

  • Bill of Sale: Similar to the Texas Odometer Statement form, a Bill of Sale is a document that transfers ownership of an asset from a seller to a buyer. It acts as a legal receipt and often includes details similar to those found in odometer statements, such as the description of the item being sold, along with signatures of both parties acknowledging the transaction. However, a Bill of Sale may not always include specific information about the odometer reading unless it pertains to the sale of a vehicle.

  • Title Transfer Documents: These documents are closely related to the Texas Odometer Statement as they are used in conjunction with it during the process of transferring the title of a vehicle. They contain detailed information about the vehicle, the identity of the buyer and seller, and, crucially, must comply with federal and state odometer disclosure requirements for vehicles issued on or after April 29, 1990. This compliance ensures that the mileage of the vehicle is accurately reported and acknowledged by both parties.

  • Disclosure Statements in Real Estate: Real estate disclosure statements, required during the sale of property, bear similarities to odometer statements in their purpose to inform the buyer about the condition of the property being sold. Though not dealing with vehicle mileage, these statements disclose important information that can affect the property’s value or desirability, such as the presence of hazardous materials or past damage.

  • Loan Agreements: A loan agreement, while primarily focused on the terms and conditions of a loan, shares a commonality with odometer statements in its requirement for detailed information and signatures. This includes the disclosure of critical information that might affect the terms of the agreement or the willingness of the parties to enter into it, much like how odometer disclosures ensure buyers are aware of a vehicle’s true mileage.

  • Lease Agreements: Lease agreements for vehicles or real estate often require detailed disclosures about the condition of the property or vehicle at the time of leasing, similar to the odometer disclosure in a sale. These agreements involve an acknowledgment from the lessee about the current state of the leased asset, ensuring that all parties have a clear understanding of its condition at the outset of the lease term.

Each of these documents, including the Texas Odometer Statement form, serves to facilitate transparency and honesty in transactions, ensuring that all parties have a clear understanding of the terms and conditions of the agreement they are entering into.

Dos and Don'ts

When filling out the Texas Odometer Statement form, it's essential to follow certain dos and don'ts to ensure the process is done accurately and legally. Below is a list of recommended practices to consider:

  • Do ensure you read the entire document carefully before you start filling it out. This ensures you understand all the requirements.
  • Do verify the odometer reading on the vehicle before filling out the form to ensure accuracy.
  • Do use black or blue ink for clarity and to prevent any issues with readability when the form is submitted.
  • Do not leave any sections blank. If a section does not apply, write “N/A” to indicate this clearly.
  • Do not guess the odometer reading. It's crucial to provide an accurate figure to avoid legal implications.
  • Do not use correction fluid or tape. Mistakes should be addressed by filling out a new form to maintain the integrity of the document.

Accuracy and truthfulness are critical when completing the Texas Odometer Statement form. It’s not just about fulfilling a legal requirement; it's also about ensuring a transparent transaction for both the seller and the buyer. Following these dos and don'ts can help simplify the process and avoid potential legal issues.

Misconceptions

The Texas Odometer Statement form often encounters misconceptions that can cloud its purpose and importance in vehicle transactions. It's essential to dispel these myths to ensure that both sellers and buyers comprehend the form's requirements and legal implications.

  • Only applicable for cars less than 10 years old: Many believe that the odometer statement is only necessary for vehicles under 10 years. However, this form is required for the transfer of ownership for vehicles of any age, ensuring a transparent disclosure of mileage.

  • Optional for private sales: There's a misconception that private sellers are not obliged to fill out the odometer statement. Regardless of whether the sale is conducted privately or through a dealership, the form is mandatory by law for all vehicle transactions.

  • No legal repercussions for misinformation: Some assume inaccuracies or making false statements on the form come with no consequences. In fact, providing false information is a serious offense that could result in fines or imprisonment.

  • Digital submissions are not accepted: With technological advancements, it's wrongly assumed in some instances that Texas does not accept digital or electronic submissions of the odometer statement. This is not the case; digital submissions, where applicable, are valid and legally acknowledged.

  • Not necessary for vehicles with no mechanical limit: The assumption that vehicles without a mechanical odometer limit (e.g., digital odometers) do not require an odometer statement is incorrect. All vehicle transfers, regardless of the odometer type, must include this disclosure.

  • Can be amended by seller after buyer's acknowledgment: Once the buyer has acknowledged and signed the odometer disclosure, it is a finalized document. Sellers cannot modify the odometer statement after this acknowledgment without involving legal processes that ensure both parties agree to the change.

  • Not applicable for inherited vehicles: Inheritance does not exempt the executor from completing an odometer statement if the vehicle ownership is to be transferred to someone else. This ensures the heir receives accurate information about the vehicle's mileage.

  • No need to fill out if the odometer is broken: There is a misconception that a faulty or non-operating odometer absolves the seller from filling out the statement. On the contrary, there's a specific option on the form to indicate if the odometer does not reflect the actual mileage.

  • Only the buyer needs to acknowledge the odometer reading: The form clearly requires both the seller (or their agent) and the buyer (or their agent) to acknowledge the odometer reading. This mutual acknowledgment is crucial for the document's validity.

  • All vehicles are exempt from odometer disclosure requirements: This mistaken belief could stem from misinterpreting the form's statement regarding vehicles issued with a Texas Certificate of Titles on or after April 29, 1990. The fact is, while some vehicles may have specific exemptions, the vast majority require an odometer disclosure for ownership transfer.

Understanding these misconceptions about the Texas Odometer Statement form can significantly impact compliance with federal and state laws during vehicle transactions. Proper completion and submission of this form not only adhere to legal requirements but also promote transparency and trust between the seller and buyer.

Key takeaways

When dealing with the Texas Odometer Disclosure Statement, also known as form VTR-40, it is critical to approach the task with careful attention to detail and legal compliance. This document is an essential piece of any vehicle transaction in Texas, specifically aimed at ensuring transparency and trust between the buyer and seller regarding the vehicle's mileage. Here are ten key takeaways to guide you through the process:

  • Federal and State Laws Requirement: The completion of the Texas Odometer Statement is not just a formality but a legal requirement. Both federal and state laws mandate the disclosure of accurate mileage during the transfer of vehicle ownership to prevent fraud.
  • Penalties for Non-compliance: Failing to fill out the odometer statement accurately or attempting to provide false information can lead to severe repercussions, including fines and imprisonment. This underscores the statement's significance in the vehicle transfer process.
  • Limited Applicability: The VTR-40 form cannot be used in conjunction with title transfer documents that already comply with the federal and state odometer disclosure requirements, specifically for Texas Certificates of Titles issued after April 29, 1990. This detail is crucial for ensuring the use of the correct and legally compliant form during the transaction.
  • Vehicle Description: The form requires detailed information about the vehicle, including the year, make, body style, model, and Vehicle Identification Number (VIN). Accurate and thorough vehicle identification is vital for the validity of the odometer disclosure.
  • Odometer Reading Declaration: Sellers must certify the odometer reading to the best of their knowledge, indicating whether the displayed mileage is actual, exceeds the vehicle's mechanical limits, or if there is an odometer discrepancy.
  • Odometer Discrepancy Warning: If the odometer reading is not the actual mileage due to any reason—a discrepancy that must be acknowledged—the form provides a clear warning about the potential for odometer fraud, emphasizing the seriousness of accurate disclosure.
  • Seller and Buyer Acknowledgment: Both the seller (or their agent) and the buyer (or their agent) must sign the form, acknowledging the odometer disclosure. This dual acknowledgment serves as a mutual agreement on the mileage stated, adding a layer of trust to the transaction.
  • Identification of Parties: The form necessitates the clear identification of both the selling and purchasing parties, including names, addresses, and, if applicable, the name of the firm involved. This information is crucial for the legal transfer of ownership and any potential future disputes.
  • Legal Warning for Falsification: The form includes a stern warning about the legal implications of falsifying information. Texas Transportation Code, §501.155, categorizes such falsification as a third-degree felony, highlighting the critical nature of truthfulness in odometer disclosure.
  • Accurate Completion Critical for Legal Transfer: The correct and truthful completion of the Texas Odometer Disclosure Statement plays a pivotal role in the legal transfer of vehicle ownership. It not only complies with the law but also protects both the buyer and seller from potential fraud.

Understanding these key points ensures that individuals involved in the sale or purchase of a vehicle in Texas can navigate the process more smoothly and with the necessary legal compliance. Remember, the integrity of the odometer disclosure is vital for a successful and lawful vehicle transaction.