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Download Texas Odometer Statement Template

The Texas Odometer Statement form, known officially as VTR-40, is a crucial document required by both federal and state law to record a vehicle's mileage at the time of ownership transfer. It serves to ensure the accuracy of a vehicle's mileage, aiding in preventing fraud and ensuring transparency between the seller and buyer. For individuals looking to either sell or buy a vehicle in Texas, accurately completing this form is not only a legal requirement but a step towards fostering trust in the transaction.

To learn more about how to accurately fill out this form and to ensure you're complying with all necessary regulations, click the button below.

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In Texas, the process of transferring vehicle ownership involves several critical steps, one of which is accurately disclosing the vehicle's mileage through the Texas Odometer Statement form, also known as Form VTR-40 (Rev. 11/09). This legal document plays a vital role in ensuring transparency and integrity in vehicle transactions by requiring the seller or their agent to state the vehicle's mileage. Federal and state laws mandate this disclosure, highlighting the importance of honesty in this process; failure to provide accurate information or attempting to falsify the odometer reading can lead to severe penalties, including fines and imprisonment. The form is explicit in stating that it should not be used with title transfer documents that already comply with odometer disclosure requirements, specifying that it's applicable to Texas Certificates of Titles issued before April 29, 1990. It includes sections for detailed vehicle description—year, make, body style, model, and Vehicle Identification Number (VIN)—and space for the seller or agent to certify the accuracy of the odometer reading. Importantly, it allows for the indication of whether the mileage exceeds the vehicle’s mechanical limits or if the odometer reading is not the actual mileage, which are critical considerations for potential buyers. Additionally, the form provides a segment for the acknowledgment of the odometer disclosure by the buyer or their agent, underscoring the reciprocal understanding and agreement on the part of both parties involved in the vehicle transaction. This procedural step safeguards consumer interests and maintains the integrity of vehicle sales within Texas.

Document 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 Information

Fact Name Description
Document Title ODOMETER DISCLOSURE STATEMENT VTR-40 (Rev. 11/09)
Purpose Used to state the mileage in connection with the transfer of ownership of a vehicle.
Legal Requirement Federal and State Law require the disclosure of the vehicle's mileage for the transfer of ownership.
Consequences of Non-Compliance Failure to complete or providing a false statement may result in fines and/or imprisonment.
Usage Limitation Cannot be used with title transfer documents that comply with federal and state odometer disclosure requirements for titles issued after April 29, 1990.
Governing Law Includes Transportation Code, §501.155, which states that falsifying information on this form is a third-degree felony.

How to Use Texas Odometer Statement

Filling out the Texas Odometer Statement form, known as form VTR-40, is a critical step during the process of a vehicle's ownership transfer. This document serves as a legal confirmation of the vehicle's mileage at the time of sale, which is important for both the buyer and seller to ensure transparency and trust in the transaction. It's a requirement under both federal and state law, aimed at preventing odometer fraud. Incorrectly filling out this form, or failing to do so, could lead to fines or imprisonment. Therefore, understanding how to correctly complete the form is essential for anyone involved in the sale or purchase of a vehicle in Texas. Below are the steps outlined to help navigate through the process smoothly.

  1. Enter the Vehicle Description: Start by filling out the section that asks for details about the vehicle being sold. This includes the vehicle's year, make, body style, model, and the Vehicle Identification Number (VIN).
  2. Certify the Odometer Reading: The seller or authorized agent must then write their name to certify the odometer reading. It’s crucial to ensure that the mileage entered is accurate and reflects the vehicle's actual mileage. If not, one of the two statements provided should be checked to indicate either "the mileage stated is in excess of its mechanical limits" or "the odometer reading is not the actual mileage. WARNING – ODOMETER DISCREPANCY."
  3. Sign and Date the Form: The seller or agent must then sign and date the form. If the vehicle is being sold by a firm, the firm's name should be printed where indicated. Additionally, the street address, city, state, and zip code of the seller or agent should also be filled in.
  4. Acknowledgment by the Buyer/Agent: The buyer or the buyer’s agent must acknowledge the odometer certification made by the seller. This is done by signing and dating the form as well, indicating they are aware of the odometer reading as certified by the seller. Just like with the seller’s information, if the purchase is being made by a firm, the firm's name should be printed in the designated space. The buyer's or agent's street address, city, state, and zip code are also required.

Once the Texas Odometer Statement form is fully completed and signed by both parties, it becomes a legal document that contributes to a transparent and trustworthy vehicle transaction. Remember, providing false information on this form is a third-degree felony, underlining the seriousness of the document. Ensuring that all information is accurate and truthful protects both the buyer and seller and upholds the integrity of the vehicle sale process.

Listed Questions and Answers

What is a Texas Odometer Statement form?

The Texas Odometer Statement form, specifically known as VTR-40, is a legal document required during the process of transferring vehicle ownership in Texas. It records the odometer reading at the time of sale to ensure transparency about the vehicle's mileage. Federal and state laws mandate its completion, emphasizing accurate reporting to avoid potential penalties, including fines or imprisonment.

Why must I fill out this form?

It is mandated by both federal and state law to state the mileage of a vehicle when its ownership is being transferred. This requirement helps in preventing odometer fraud and ensuring that buyers are informed about the true mileage of the vehicle they are purchasing. Not completing the form, or providing inaccurate information, could result in serious legal consequences.

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

No, the Texas Odometer Statement form cannot be used in conjunction with title transfer documents that already comply with the federal and state odometer disclosure requirements, such as Texas Certificates of Titles issued on or after April 29, 1990. This form is designed for situations where such compliance is not already met by existing documents.

How do I correctly fill out the odometer reading?

When filling out the Texas Odometer Statement form, you must enter the current odometer reading of the vehicle in the space provided, without including any tenths of miles. Ensure that this reading is accurate to the best of your knowledge. Inaccuracies can lead to legal issues down the road.

What if the odometer reading is not accurate?

If the odometer reading does not reflect the vehicle's actual mileage, you must check one of the two statements provided on the form:

  1. The mileage stated is in excess of its mechanical limits.
  2. The odometer reading is not the actual mileage. WARNING – ODOMETER DISCREPANCY.
Selecting one of these options indicates that the odometer reading may not be a true representation of the vehicle's total mileage.

What are the consequences of falsifying the odometer reading?

Falsifying the odometer reading or providing false information on the Texas Odometer Statement form is considered a third-degree felony under the Texas Transportation Code, §501.155. This can result in severe penalties, including fines and imprisonment. It's crucial to provide accurate information to avoid these legal repercussions.

Is the buyer's acknowledgment necessary on this form?

Yes, the buyer's acknowledgment of the odometer certification made by the seller/agent is a necessary component of the form. The buyer, or the buyer’s agent, must sign and date the acknowledgment section, indicating they are aware of and understand the mileage information disclosed by the seller.

What should I do if the vehicle was titled in a firm's name?

If the vehicle was titled in a firm's name, both the seller and buyer (or their agents) should print the name of the firm in the designated space provided on the form, in addition to the regular information required. This ensures that the transaction is properly recorded and that legal responsibilities are accurately allocated.

Common mistakes

Filling out the Texas Odometer Statement form, officially known as VTR-40, is a critical step in the process of transferring vehicle ownership. Since it involves legal and regulatory aspects, accurate completion is essential to avoid potential penalties. There are common mistakes that individuals tend to make when completing this form. Being aware of these pitfalls can make the transfer of ownership smoother and ensure compliance with the law.

  1. Not specifying the actual odometer reading without tenths. This simple oversight can lead to inaccuracies in the reported mileage, which is a critical piece of information for both buyers and sellers.

  2. Failing to check one of the two boxes when the mileage does not reflect the vehicle's actual mileage. If the odometer reading is not the true mileage due to rollback or mechanical limits being exceeded, this must be transparently disclosed by selecting the appropriate box.

  3. Omitting the seller/agent and buyer/agent acknowledgment section completions. Both parties must acknowledge the odometer disclosure by dating and signing the form, which is a legally binding step in the acknowledgment process. Not doing so renders the form incomplete.

  4. Including inaccurate or inconsistent information in the vehicle description section. The year, make, body style, model, and vehicle identification number (VIN) must be accurately provided to ensure the odometer disclosure is tied to the correct vehicle.

  5. Neglecting to provide printed names that match the signatures. The form requires both the printed name and signature of the seller/agent and buyer/agent to confirm the identity of both parties, and discrepancies can lead to questions of authenticity.

In conclusion, when completing the Texas Odometer Statement form, attention to detail is paramount. By avoiding these common mistakes, sellers and buyers can ensure a transparent and legal transfer of vehicle ownership, safeguarding against potential fines or legal action.

Documents used along the form

When dealing with vehicle transactions in Texas, the Odometer Disclosure Statement (Form VTR-40) plays a critical role in ensuring transparency about a vehicle's mileage. This document, mandatory by federal and state law, must be accompanied by several other forms and documents to complete the process effectively. Below is a curated list of documents often used in conjunction with the Texas Odometer Statement form to facilitate a smooth vehicle transfer process.

  • Application for Texas Title and/or Registration (Form 130-U): This form is essential for requesting a new title and registration of the vehicle. It captures comprehensive details about the vehicle and its sale.
  • Bill of Sale: A document that provides proof of purchase, detailing the sale's specifics, including the date, price, and parties involved.
  • Power of Attorney for Motor Vehicle (VTR-271): When one needs to act on behalf of another in transactions related to a vehicle, this document grants the authority to do so.
  • Vehicle Transfer Notification (Form VTR-346): This notifies the Texas Department of Motor Vehicles (TxDMV) that a vehicle's ownership has been transferred, safeguarding the seller from liability for tickets or crimes associated with the vehicle post-sale.
  • Release of Lien (Form VTR-266): Required when a previously financed vehicle has been paid off, it releases the lienholder's claim, allowing the title to be cleared.
  • Certificate of Inspection (Form VI-30): A requisite document proving that a vehicle has passed the Texas State Safety Inspection, which is essential for registration.
  • Two Steps, One Sticker Inspection and Registration: In Texas, the inspection report must be presented when registering a vehicle as part of the "Two Steps, One Sticker" program, which consolidates the vehicle's inspection and registration stickers.
  • Proof of Insurance: State law mandates that proof of insurance be furnished upon request in any vehicle transaction, ensuring the vehicle is covered as per Texas's minimum liability requirements.
  • Loan Agreement or Payment Plan (If applicable): Outlines the terms and conditions of any financing used to purchase the vehicle, including interest rate, payment schedule, and duration.

Completing a vehicle transfer involves meticulous attention to detail and strict adherence to legal requirements. Each document plays a significant role in this process, ensuring all parties are protected and that the transaction complies with Texas laws. By gathering and accurately completing these documents along with the Texas Odometer Statement form, individuals can ensure a legally sound and efficient vehicle ownership transfer.

Similar forms

The Bill of Sale is similar to the Texas Odometer Statement form in function and purpose. Like the Odometer Statement, a Bill of Sale serves as a documented agreement detailing the sale and transfer of ownership for personal property, such as a vehicle. Both documents provide official records that protect both the buyer and seller, laying out the terms of the sale, including important information about the item being sold. However, the Bill of Sale focuses more broadly on the transfer of ownership, while the Odometer Statement is specifically concerned with verifying the mileage of a vehicle.

The Vehicle Title Transfer form is another document closely related to the Texas Odometer Statement. This form is used when ownership of a vehicle is being transferred from one party to another. It often requires an odometer disclosure as part of the transfer process to ensure the buyer is aware of the true mileage. The Texas Odometer Statement directly supports the integrity of this information on the Vehicle Title Transfer, underscoring its accuracy and legality.

Lease Agreements, similar to the Texas Odometer Statement, often incorporate terms related to mileage and usage for leased vehicles. These agreements outline how much mileage is allowed during the lease period and the consequences of exceeding these limits. While the main purpose of a Lease Agreement is to define the terms under which a vehicle is leased, the inclusion of mileage terms shares the odometer statement’s aim of ensuring accurate reporting and fair use expectations.

The Vehicle Registration form, required for legally operating a vehicle on public roads, often requests information related to the vehicle's mileage. This similarity to the Texas Odometer Statement shows in how both forms are used to record and update vehicle data within state databases, ensuring accurate records for taxation, law enforcement, and public safety purposes. Although their primary objectives differ, both documents serve to maintain current and accurate vehicle information.

A Warranty Deed in real estate transactions, although distinct in its application to property rather than vehicles, shares a common purpose with the Texas Odometer Statement: ensuring disclosure of critical information for the protection of the buyer. Just as the odometer statement discloses vehicle mileage to prevent fraud, a Warranty Deed guarantees the property is free of liens or claims, offering peace of mind and legal protection to the new owner.

The Loan Agreement, while primarily a financial document detailing the terms under which money is lent, often requires information about assets used as collateral, which might include a vehicle’s mileage if it's part of the secured loan. This connection to the Texas Odometer Statement lies in the need to accurately disclose valuable information that could affect the loan’s terms and the lender’s willingness to extend credit.

Last, the Manufacturer’s Certificate of Origin (MCO) serves a purpose analogous to the Texas Odometer Statement when a new vehicle is sold. The MCO provides detailed information about the vehicle directly from the manufacturer, including make, model, and year, similar to how the odometer statement details mileage. Though the MCO is used at the beginning of a vehicle’s life and the odometer statement is used throughout its lifecycle, both ensure transparency and accuracy of vehicle information from the outset.

Dos and Don'ts

When filling out the Texas Odometer Statement form, certain practices should be followed to ensure accuracy and compliance with federal and state laws. Here are essential dos and don'ts to remember:

  • Do accurately state the vehicle's mileage at the time of sale. This reflects your honesty and compliance with legal requirements.
  • Do check the appropriate box if the vehicle's mileage exceeds its mechanical limits or if the odometer reading is not the actual mileage. This offers clarity and avoids potential legal issues.
  • Do include all necessary vehicle information, such as year, make, body style, model, and Vehicle Identification Number (VIN). This precision ensures the form is matched correctly to the vehicle.
  • Do print your name clearly, as it appears in official documents, to ensure legal accuracy and avoid discrepancies.
  • Do ensure that the date of the signature is correct and corresponds to the actual date of the transfer. This date is crucial for record-keeping and legal purposes.
  • Don't leave any sections blank. Incomplete forms may be considered invalid and could lead to legal complications.
  • Don't guess or estimate the odometer reading. You must provide the exact mileage to avoid potential fraud charges or penalties.
  • Don't use this form for vehicles with title transfer documents complying with federal and state odometer disclosure requirements issued on or after April 29, 1990. Always use the correct form to ensure compliance.
  • Don't falsify any information on the Texas Odometer Statement form. As per the transportation code, providing false information is a third-degree felony, punishable by significant fines and imprisonment.

Ensuring the integrity of the odometer disclosure is critical in the sale and transfer of ownership of a vehicle. By following these guidelines, sellers can avoid legal issues, foster trust in the sale process, and ensure that buyers are fully informed about the vehicle they are purchasing.

Misconceptions

The Texas Odometer Statement form, a document entrenched in both federal and state law requirements, plays a vital role during the transfer of vehicle ownership. It's designed to ensure transparency and accuracy in disclosing a vehicle's mileage. Yet, misconceptions about this form are widespread, leading to confusion and potential legal complications. Let's address and clarify nine common misunderstandings about this form.

  • It's optional to fill out the Odometer Statement form. Contrary to what some might think, it is mandatory under federal and state laws to accurately complete the odometer disclosure statement during the transfer of ownership. Negligence or refusal to do so can attract fines and even imprisonment.

  • Any form of odometer disclosure is acceptable. This statement must be made using specific forms that comply with federal and state requirements, for instance, the Texas Certificate of Titles for vehicles issued on or after April 29, 1990. Not all forms of disclosure are legally acceptable, emphasizing the importance of using the correct documentation.

  • Digital entries or estimates are sufficient for the odometer reading. The form expressly requires the odometer reading in full miles (without tenths), insisting on precision and discouraging guesstimates or digital alterations.

  • The form is only for cars. The term "vehicle," as used in the form, encompasses a wide range of motor vehicles including cars, trucks, motorcycles, and others, not strictly limited to passenger cars.

  • The seller is the only party responsible for the form. While it primarily falls upon the seller to complete and attest the form accurately, the buyer must also acknowledge the disclosure by signing the form, making it a joint responsibility.

  • One can use the form for any vehicle, irrespective of its age. The form includes a clause for "exceeding mechanical limits" which may not apply to newer vehicles with digital odometers that do not "roll over" like their older, mechanical counterparts. The applicability can vary based on the vehicle's age and design.

  • You can use the form multiple times for different transactions. Each transaction requires a fresh form to ensure the current mileage is accurately recorded at the time of that specific transfer.

  • It is just a formality without legal implications. This statement couldn't be farther from the truth. Falsifying information on this form is considered a third-degree felony under the Transportation Code, §501.155, underscoring its legal weight.

  • The form negates the need for other documentation during transfer. Although crucial, the Texas Odometer Statement form is part of a suite of documents required for the legal transfer of vehicle ownership. It does not substitute other necessary documents like the title or transfer forms.

Understanding and rectifying these misconceptions are essential steps towards ensuring compliance with the laws that govern vehicle transactions. It protects individuals from inadvertent legal breaches and affirms the importance of due diligence in the process of vehicle ownership transfer.

Key takeaways

When dealing with the transfer of vehicle ownership in Texas, the Texas Odometer Statement form, officially known as the VTR-40, plays a critical role. This document serves as a formal declaration of the vehicle's mileage at the time of sale or transfer, making it imperative for both sellers and buyers to understand its significance and correct usage. Below are five key takeaways regarding how to properly fill out and utilize this form.

  • Accuracy is mandatory: Federal and Texas state laws oblige the seller or their agent to accurately disclose the vehicle’s mileage during ownership transfer. Misrepresenting or failing to provide this information can lead to severe penalties, including fines and imprisonment. It's crucial to ensure that the odometer reading is correctly recorded, without estimates, to comply with these regulations.
  • Specificity to post-1990 vehicles: The VTR-40 form cannot be used for title transfers that comply with federal and state odometer disclosure requirements for vehicles issued with a Texas Certificate of Title on or after April 29, 1990. This highlights the form’s specific applicability and the need to verify the correct form and process for vehicles of different ages or under different circumstances.
  • Odometer discrepancies must be disclosed: If the odometer reading is not the actual mileage, or if the mileage exceeds the odometer's mechanical limits, this must be clearly indicated on the form. Such a discrepancy requires checking the appropriate box on the form to alert the buyer to an "ODOMETER DISCREPANCY." This ensures transparency and honesty in the transaction process, safeguarding both parties’ interests.
  • Dual acknowledgment is critical: The form requires both the seller's (or their agent's) and the buyer's (or their agent's) signatures to officially acknowledge the odometer disclosure. This mutual acknowledgment is crucial for the documentation of the agreement on the vehicle's mileage, serving as a protective measure for both parties in the exchange.
  • Legal implications of falsification: It's worth noting the severity of providing false information on the VTR-40 form. Under Texas Transportation Code, §501.155, falsifying information on this required statement or any application is classified as a third-degree felony. This reinforces the importance of honesty and accuracy when completing the odometer statement form, emphasizing the legal ramifications of any attempt to deceive.

In summary, when completing the Texas Odometer Statement form, it's vital to proceed with diligence, honesty, and clarity. By adhering to the stipulated requirements and accurately disclosing odometer readings, sellers and buyers can ensure a lawful and transparent ownership transfer process, safeguarding their rights and fulfilling their legal obligations.

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