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When buying or selling a vehicle in Texas, understanding the Texas Odometer Statement form, also known as the VTR-40, becomes essential for both parties involved in the transaction. This form plays a crucial role in ensuring that the mileage disclosed during the transfer of ownership is accurate and legally compliant. Failure to complete the form or providing false information can lead to significant legal consequences, including fines and possible imprisonment. The form requires the seller or their agent to provide essential details about the vehicle, including its year, make, model, and the Vehicle Identification Number (VIN). Furthermore, the seller must certify under their signature that the odometer reading reflects the true mileage, unless specific exceptions apply, such as odometer discrepancy warnings. Moreover, buyers or their agents are also asked to acknowledge the odometer certification, underscoring the importance of transparency in vehicle transactions. It is crucial to note that this form cannot be used when transferring titles that already adhere to federal and state odometer disclosure requirements, specifically pertaining to Texas Certificate of Titles issued after April 29, 1990. Understanding these components of the Texas Odometer Statement ensures both sellers and buyers uphold their legal responsibilities, thereby facilitating smooth vehicle transactions.

Texas Odometer Statement Example

(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 Name Details
Form Title The form is officially known as the Odometer Disclosure Statement, titled VTR-40.
Governing Laws This form is governed by federal and Texas state laws regarding odometer disclosures.
Purpose The purpose of the form is to disclose the mileage of a vehicle during its transfer of ownership.
Legal Consequences Providing false information on the form can lead to fines and possible imprisonment.
Transfer Restrictions This form cannot be used with title transfer documents issued on or after April 29, 1990.
Required Information The form requires the vehicle's year, make, body style, model, and VIN.
Seller's Certification Sellers must certify that the odometer reading indicates the actual mileage, unless specific exceptions apply.
Buyer's Acknowledgment There is an acknowledgment section in which the buyer or agent must confirm awareness of the mileage certification.
Felony Warning According to Transportation Code §501.155, falsifying information on the statement is classified as a third-degree felony.

Guidelines on Utilizing Texas Odometer Statement

After completing the Texas Odometer Statement form, you will typically present it alongside the title transfer documents when selling or buying a vehicle. This ensures compliance with both state and federal regulations regarding odometer readings.

  1. Obtain the Texas Odometer Disclosure Statement form (VTR-40).
  2. Find the "Seller/Agent Name" section at the top of the form and enter the full name of the seller or agent.
  3. Provide the vehicle description, which includes:
    • Year
    • Make
    • Body Style
    • Model
    • Vehicle Identification Number (VIN)
  4. Locate the “Odometer Reading (No Tenths)” section and input the current odometer reading of the vehicle. Do not include decimal places.
  5. Check one of the three options regarding the mileage:
    • If the mileage is in excess of its mechanical limits.
    • If the odometer reading is not the actual mileage.
    • Leave it unchecked if the reading is accurate.
  6. Sign and date the form in the “Signature of Seller/Agent” section.
  7. Print the name of the seller or agent next to the signature.
  8. If applicable, fill in the street address, city, state, and zip code of the seller/agent.
  9. In the “ACKNOWLEDGMENT OF ODOMETER DISCLOSURE BY BUYER/AGENT” section, the buyer or agent should sign and date the form.
  10. The buyer or agent should also print their name next to the signature.
  11. If the purchase is made by a firm, print the firm’s name in the designated area.
  12. Complete the street address, city, state, and zip code for the buyer/agent if applicable.

What You Should Know About This Form

What is the Texas Odometer Statement form?

The Texas Odometer Statement form, known as VTR-40, is a document required when transferring ownership of a vehicle in Texas. This form ensures that the mileage on the vehicle is accurately represented, which is crucial for the buyer to understand the vehicle’s history and potential value.

Who needs to complete the Texas Odometer Statement form?

Both the seller and buyer (or their agents) must complete this form during a vehicle sale. The seller certifies the mileage, while the buyer acknowledges this certification. The form is an important part of the vehicle transfer process because it helps prevent fraud related to odometer readings.

What key information is included in the Odometer Statement?

The form asks for essential details such as the year, make, body style, model, and Vehicle Identification Number (VIN) of the vehicle. Additionally, the seller must provide their name, address, and the current odometer reading without tenths. The seller also certifies that the odometer reading is accurate or marks specific circumstances if it's not.

What happens if I don’t complete the Texas Odometer Statement?

Failing to complete this form can result in serious consequences. Both federal and state laws require accurate mileage disclosure, and failure to comply may lead to fines or even imprisonment. For both buyers and sellers, it is essential to fill out this form correctly to avoid legal complications.

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

No, the Texas Odometer Statement cannot be used in conjunction with title transfer documents that align with federal and state odometer requirements. It should only be filled out separately and when specifically needed for the transaction.

What should I do if the odometer reading isn’t accurate?

If you have determined that the odometer reading is inaccurate due to a prior malfunction, you must indicate that on the form by checking the appropriate box. You can state that the mileage is in excess of its mechanical limits or indicate that the reading does not reflect the actual mileage.

What are the potential legal repercussions for falsifying the Odometer Statement?

Falsifying information on the Texas Odometer Statement is not taken lightly. Under the Texas Transportation Code, it is classified as a third-degree felony, which could result in severe legal consequences. It is critical to provide accurate and honest information to avoid any legal issues.

Where can I obtain a Texas Odometer Statement form?

The Texas Odometer Statement form, VTR-40, can be obtained online from the Texas Department of Motor Vehicles website or through their local offices. It is advisable to ensure you have the most recent version of the form when conducting your vehicle transaction.

Common mistakes

When filling out the Texas Odometer Statement form, many individuals make common mistakes that can lead to issues down the line. One frequent error is failing to enter the correct vehicle description. This includes omitting key details such as the year, make, model, and vehicle identification number (VIN). Each of these pieces of information is critical for accurately identifying the vehicle. Neglecting this information can create confusion and may delay the title transfer process.

Another common mistake involves improperly reporting the odometer reading. The form requires the mileage to be recorded with no tenths. Submitting a reading that includes tenths can result in the form being rejected. Ensure that the odometer reading is whole numbers only. Misrepresentation or inaccuracies in this area can lead to legal consequences.

People often forget to check the appropriate statements regarding odometer discrepancies. If the mileage is not actual or is over the mechanical limits, it must be clearly indicated. Failing to check one of these boxes can imply that the information provided is correct, which may not be the case and could lead to penalties.

Signing the form without properly filling in details is another mistake. The signature of the seller or agent must match the printed name provided on the form. Discrepancies in these names can lead to issues with the acceptance of the document. Always double-check that the signature corresponds to the printed name.

If the vehicle is owned by a firm, individuals often neglect to print the firm’s name in the designated area. The form allows for the transaction to be completed under a business entity, and leaving this blank can create complications. Ensure that all required names are filled in as instructed.

People may also forget to include their complete address, which is a required field on the form. Failure to provide accurate contact information can make it difficult for the buyer to reach the seller if questions arise. Complete information helps facilitate a smoother transaction.

Lastly, individuals sometimes overlook the acknowledgment section where the buyer or agent confirms awareness of the odometer certification. This part is just as critical as the seller’s input. Skipping it could lead to misunderstandings about the transaction and its compliance with state laws. Always ensure that this acknowledgment is completed, as it serves as a protective measure for both parties.

Documents used along the form

The Texas Odometer Statement is a crucial document when transferring ownership of a vehicle in Texas. However, there are other forms and documents often used alongside it to ensure a smooth and legally compliant transaction. Below is a list of essential documents you might encounter, each serving a unique purpose in the process.

  • Texas Certificate of Title - This official document proves ownership of the vehicle. It includes important details such as the vehicle's make, model, and VIN, as well as the names of the seller and buyer.
  • Bill of Sale - A Bill of Sale acts as a receipt for the sale, documenting the transaction. It outlines the terms of sale, purchase price, and identifies both buyer and seller, providing legal protection for both parties.
  • Application for Texas Title (Form 130-U) - This form is required when applying for a new title after purchasing a vehicle. It requests information about the vehicle and the buyer, facilitating the title transfer process with the state.
  • Vehicle Registration Application - Once you have the title, this application allows you to register your vehicle with the state. Registration involves paying fees and complying with local laws for vehicle operation.
  • Insurance Verification Document - Proof of insurance is often required in Texas. This document verifies that the vehicle is insured and meets state minimum coverage requirements, protecting both the owner and others on the road.
  • Vehicle History Report - Though not mandatory, obtaining a vehicle history report can provide important insights into the vehicle’s past. It shows accidents, service records, and previous ownership, giving you a clearer picture before finalizing the purchase.
  • Emissions Testing Certificate - Depending on the county, vehicles may need to pass an emissions test to ensure compliance with environmental regulations. If required, this certificate must accompany the title transfer documents.
  • Notarized Affidavit of Heirship (if applicable) - In cases where the vehicle was inherited, this document establishes the legitimacy of the heir’s claim to the vehicle, helping to smooth the title transfer process.
  • Power of Attorney (if applicable) - If someone else is completing the sale on your behalf, a Power of Attorney document allows that individual to act in your stead. This ensures all necessary paperwork is handled properly.

Each of these documents plays a vital role in the process of buying or selling a vehicle in Texas. Being aware of them can help you navigate the complexities of vehicle ownership transfer and ensure a hassle-free experience.

Similar forms

  • Bill of Sale - Like the Texas Odometer Statement, a bill of sale documents the transfer of ownership of a vehicle. It includes essential vehicle details and serves as proof of the sale, protecting both the buyer and seller.
  • Vehicle Title Transfer Document - This document is required for officially transferring vehicle ownership. Similar to the odometer statement, it includes key details about the vehicle, like its identification number and odometer reading.
  • Notice of Transfer and Release of Liability - This form notifies the state that ownership of a vehicle has changed. It supports the odometer statement by confirming the transfer and protecting the seller from future liabilities.
  • Application for Duplicate Title - This form is used when a vehicle title is lost. Similar to the odometer statement, it requires the owner to provide their vehicle's details and confirms the ownership of the vehicle before a new title is issued.
  • Odometer Disclosure Statement (other states) - Other states also require an odometer disclosure during vehicle transfers. These documents mirror the Texas form by ensuring accurate reporting of a vehicle's mileage at the time of sale.

Dos and Don'ts

When filling out the Texas Odometer Statement form, there are important dos and don'ts to keep in mind to ensure accuracy and compliance with the law. Below is a list to guide you.

  • Do provide the correct odometer reading without any alterations.
  • Do accurately fill in your name and signature as the seller or agent.
  • Do include the vehicle identification number (VIN) to ensure proper identification.
  • Do acknowledge any discrepancies if they exist by checking the appropriate boxes.
  • Do ensure that the form reflects the actual mileage of the vehicle.
  • Don't lie or provide false information on the form; this can lead to severe penalties.
  • Don't leave blank spaces; every section should be filled out to avoid confusion.
  • Don't forget to sign the document, as unsigned forms are not valid.
  • Don't use this form with title transfer documents that meet separate federal and state requirements.
  • Don't disregard the warnings regarding odometer discrepancies and penalties for falsification.

By following these guidelines, you can ensure that the Texas Odometer Statement is completed correctly and is legally binding.

Misconceptions

When dealing with the Texas Odometer Statement form, several common misconceptions may arise. Understanding these misconceptions can clarify the form's purpose and requirements.

  • Misconception 1: The Odometer Statement form is only necessary for dealerships.
  • This belief is incorrect. The Odometer Statement is mandatory for anyone transferring ownership of a vehicle, including private sellers. All sellers, regardless of whether they operate a dealership or are private individuals, must disclose the vehicle's odometer reading.

  • Misconception 2: Completing the Odometer Statement is optional if the vehicle is older than a specific year.
  • Many people think that if a vehicle is older than a certain age, they do not need to provide an odometer statement. However, the requirement applies regardless of the vehicle's age, especially if it is being sold or transferred.

  • Misconception 3: The Odometer Statement can be used alongside title transfer documents.
  • Some individuals mistakenly believe that this form can accompany title transfer documents. In reality, while the Odometer Statement is a crucial part of the vehicle transfer process, it should not be combined with documentation that fulfills federal and state odometer disclosure requirements.

  • Misconception 4: Providing an inaccurate odometer reading has minimal consequences.
  • Contrary to this belief, stating an incorrect odometer reading can lead to severe ramifications. Under Texas law, providing false information can result in significant fines and even imprisonment, highlighting the importance of accuracy in completing the form.

Key takeaways

When completing the Texas Odometer Statement form, it is crucial to understand the implications of accuracy and transparency in odometer disclosures. Here are key takeaways to keep in mind:

  • This form must be filled out accurately to comply with both federal and state laws regarding vehicle ownership transfer.
  • Failure to provide correct information can lead to serious consequences, including fines and possible imprisonment.
  • The form is not valid when used alongside title transfer documents issued after April 29, 1990, which already meet odometer disclosure requirements.
  • You must certify, to the best of your knowledge, that the odometer reading reflects the actual mileage of the vehicle.
  • Be aware of the two possible statements regarding odometer readings that can be checked if applicable: reaching mechanical limits or the reading not reflecting actual mileage.
  • Both the seller/agent and the buyer/agent must sign the document, acknowledging the odometer disclosure, ensuring transparency in the transaction.
  • Falsifying information on the form can result in serious legal repercussions, categorized as a third-degree felony under Transportation Code, §501.155.

Filling out the Texas Odometer Statement correctly is non-negotiable for vehicle transactions. It's essential to pay close attention to every detail and ensure all parties involved understand their responsibilities. Timely and truthful disclosures will protect you legally and help maintain trust in the buying process.