Fill in Your Texas Odometer Statement Form Open Editor Here

Fill in Your Texas Odometer Statement Form

The Texas Odometer Statement form, identified as VTR-40 (Rev. 11/09), is a legal document required during the process of transferring vehicle ownership within the state. It serves to comply with federal and state laws mandating the disclosure of a vehicle's mileage by the seller or an authorized agent to the buyer, ensuring transparency and preventing fraud. Failure to accurately complete the form, or providing false information, can lead to severe penalties including fines and imprisonment.

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In the realm of vehicle transactions within Texas, the Texas Odometer Statement form, officially dubbed VTR-40 and revised as of November 2009, plays a pivotal role in ensuring transparency and integrity. This document serves as a critical tool for recording and disclosing the accurate mileage of a vehicle at the time of ownership transfer, aligning with federal and state laws that mandate such disclosures to prevent fraudulent activities. Any deviation from truthfulness in completing this form, whether by omission or the provision of false statements, exposes individuals to the risk of penalties including fines or imprisonment. It's notable that this form cannot be used alongside title transfer documents that already adhere to the federal and state odometer disclosure requirements, specifically pointing to Texas Certificates of Title issued post April 29, 1990. The form meticulously details the vehicle's identification features such as year, make, model, body style, and Vehicle Identification Number (VIN), alongside a section where the seller or their agent certifies the accuracy of the odometer reading, with exceptions noted for discrepancies like mileage in excess of mechanical limits or inaccuracies in the odometer reading. An acknowledgment section for the buyer or their agent solidifies the mutual recognition of the odometer certification, completing the chain of trust in the vehicle's reported mileage. This document, therefore, stands as a testament to the ethical standards expected in vehicle sales and transfers, underpinned by severe legal implications for dishonesty as emphasized by the Texas Transportation Code, §501.155, which categorizes falsifying information on this statement as a third-degree felony.

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.

File Overview

Fact Detail
Document Title Texas Odometer Disclosure Statement VTR-40 (Rev. 11/09)
Legal Requirement Federal and State Law require the disclosure of mileage in connection with the transfer of ownership.
Penalties for Non-compliance Failure to complete the form or providing a false statement may result in fines and/or imprisonment.
Usage Restriction Cannot be used with title transfer documents that comply with federal and state odometer disclosure requirements post-April 29, 1990.
State Specific Warning Warning: TRANSPORTATION CODE, §501.155, states that falsifying information on this form is a third-degree felony.

Texas Odometer Statement - Usage Guidelines

Filling out the Texas Odometer Statement form is a straightforward process, but it is critical to ensure accuracy and completeness to comply with federal and state laws. This form is essential during the transfer of vehicle ownership as it records the vehicle's mileage at the time of sale. A precise and truthful declaration protects both parties involved in the transaction. Below are the step-by-step instructions to fill out this form correctly.

  1. At the top of the form, under VEHICLE DESCRIPTION, fill in the year, make, body style, model, and vehicle identification number (VIN) of the vehicle being sold.
  2. In the space provided, print the name of the seller or agent responsible for the sale. This should be the person making the odometer disclosure.
  3. Enter the current odometer reading of the vehicle in the space labeled Odometer Reading (No Tenths). Do not include tenths of miles in your entry.
  4. If applicable, check one of the boxes to indicate if the odometer reading:
    • Reflects mileage in excess of its mechanical limits, or
    • Is not the actual mileage of the vehicle, indicating an odometer discrepancy.
  5. Date the form with the current date next to the seller/agent's signature line.
  6. The seller or agent should then sign their name under the date. Print the name in the space provided, ensuring it matches the signature.
  7. If the vehicle is titled in a firm's name, print the firm's name where indicated.
  8. Complete the seller/agent's address details, including street address, city, state, and ZIP code.
  9. For the ACKNOWLEDGMENT OF ODOMETER DISCLOSURE BY BUYER/AGENT section, the buyer or buyer's agent must acknowledge the odometer disclosure made by the seller or seller's agent by dating and signing their name in the respective spaces. The printed name should match the signature.
  10. If the purchase is made by a firm, the firm's name should be printed where indicated under the buyer/agent's signature.
  11. Finally, the buyer or buyer's agent should fill in their street address, city, state, and ZIP code.

Once completed, this document ensures transparency and compliance with legal requirements regarding the disclosure of the vehicle's odometer reading. Both the buyer and seller should keep a copy of this filled-out form for their records. It's important to remember that providing false information on this document can lead to severe penalties, including fines and imprisonment.

Your Questions, Answered

What is the Texas Odometer Statement form?

The Texas Odometer Statement form, officially known as VTR-40, is a document that sellers or their agents are required to complete and provide when transferring vehicle ownership in Texas. This form includes the vehicle's current odometer reading and is crucial for documenting the actual mileage of the vehicle at the time of sale. As specified by Federal and State law, providing accurate mileage information is mandatory, and failure to do so—or providing false information—may lead to severe penalties, including fines and imprisonment. This form is specifically for use when the standard title transfer documents do not meet federal and state odometer disclosure requirements. Examples of such documents include Texas Certificate of Titles issued after April 29, 1990.

Why is it important to accurately fill out the odometer section?

Filling out the odometer section accurately is crucial for a couple of reasons. Firstly, it ensures compliance with Federal and State regulations designed to protect all parties involved in the transaction from odometer fraud. Accurate and honest disclosure of mileage helps maintain trust in the vehicle market by providing buyers with critical information to assess a vehicle's condition and value. Secondly, inaccurate information can lead to legal repercussions for the seller, including fines and imprisonment, as per the warning indicated on the form. Therefore, it's in the best interest of all parties involved to ensure the odometer reading is reported accurately at the time of sale.

Can this form be used for all vehicle transfers in Texas?

No, the Texas Odometer Statement form (VTR-40) cannot be used for all vehicle transfers. It is specifically not to be used in conjunction with title transfer documents that comply with federal and state odometer disclosure requirements, like the Texas Certificate of Titles issued on or after April 29, 1990. Therefore, when transferring a vehicle title that already meets these requirements, a separate odometer disclosure statement will not be necessary. It's essential for individuals involved in the sale or transfer of a vehicle to be aware of and comply with the appropriate document use to ensure the transfer is executed legally and accurately.

What happens if the odometer reading is believed to be incorrect?

When filling out the Texas Odometer Statement form, sellers have the option to indicate if they believe the odometer reading does not reflect the vehicle’s actual mileage. There are checkboxes for stating if the mileage is in excess of its mechanical limits or if the odometer reading is not the actual mileage, which is known as an odometer discrepancy. This acknowledgment is critical as it provides clear information to the buyer about potential discrepancies, ensuring transparency during the sale process. Disclosing this information is crucial as failing to do so or knowingly providing a false statement can result in significant penalties, underscoring the importance of honesty in the vehicle transfer process.

Common mistakes

Filling out the Texas Odometer Statement form, also known as VTR-40, is a critical step in the vehicle transfer process, which, if not done correctly, can result in legal complications. Here are ten common mistakes to avoid:

  1. Not stating the mileage accurately. Federal and state law mandate the accurate reporting of a vehicle's mileage during ownership transfer. Inaccurate information can lead to fines or imprisonment.

  2. Using the form for incompatible title transfers. The form specifically cannot be used for title transfer documents that comply with federal and state odometer disclosure requirements for Texas Certificates of Title issued on or after April 29, 1990.

  3. Failure to check the appropriate box if the mileage exceeds mechanical limits or isn't the actual mileage. This omission can mislead buyers and authorities, leading to potential legal issues.

  4. Omitting the vehicle description. This includes the year, make, body style, model, and Vehicle Identification Number (VIN), which are essential for identifying the vehicle concerned.

  5. Incorrectly completing the seller/agent section. The seller or agent must provide their signature, printed name, and full address, including the firm’s name if applicable.

  6. Leaving the buyer/agent acknowledgment section incomplete. Like sellers, buyers or their agents must acknowledge the odometer disclosure with a signature, printed name, and full address, including the firm's name if relevant.

  7. Not dating the form. Both the seller/agent and the buyer/agent must date their acknowledgments to validate the form.

  8. Ignoring the odometer discrepancy warning. If the odometer reading is known to be incorrect, not acknowledging this with the proper check mark can be seen as fraudulent.

  9. Failing to provide the form at the time of sale. Delaying the provision of this document can impede the sale process and violate legal requirements for the transfer of ownership.

  10. Not understanding the legal consequence of falsification. This form carries a warning that falsifying information is a third-degree felony under the Transportation Code, §501.155.

Avoiding these mistakes will facilitate a smoother vehicle transfer process and help protect all parties involved from potential legal issues.

Documents used along the form

When transferring vehicle ownership in Texas, the Texas Odometer Statement form is an essential document. However, this form is often accompanied by additional documents to ensure the transfer is comprehensively documented and meets all legal requirements. Here is an overview of other forms and documents frequently used alongside the Texas Odometer Statement form.

  • Application for Texas Title and/or Registration (Form 130-U): This form is critical for applying for a vehicle's title or registration in the new owner's name. It captures details about the buyer, seller, and the vehicle, including its identification number and odometer reading.
  • Bill of Sale: Although not a legal requirement in Texas, a Bill of Sale provides a written record of the transaction. It documents the purchase price, date of sale, and personal information about the buyer and seller, offering an extra layer of protection for both parties.
  • Vehicle Inspection Report: Required for most vehicles, a Vehicle Inspection Report certifies that the vehicle has passed the state-mandated safety and emissions tests. This assures the buyer that the vehicle is in compliance with Texas safety standards.
  • Proof of Insurance: Texas law requires proof of insurance when a vehicle changes ownership. This document ensures that the vehicle is immediately insured under the new owner's policy.

Each of these documents plays a unique and vital role in the process of vehicle ownership transfer in Texas. From verifying the vehicle's condition to ensuring legal compliance and financial protection, collectively, they support a transparent and efficient transaction. Thus, it's important for both buyers and sellers to be aware of and complete these documents accurately and diligently.

Similar forms

Documents similar to the Texas Odometer Statement form are vital in various transactions, especially where verification and compliance are required. The similarities exist in their purpose, which often involves the disclosure of specific information, compliance to federal or state laws, and the need for signatures to attest to the truthfulness of the information provided. Below is a list of seven documents that share these characteristics:

  • Bill of Sale: Similar to the Texas Odometer Statement, a Bill of Sale often requires the seller to specify information about the item being sold, including its condition and any identifying numbers (like a vehicle identification number). Both documents serve as a record of transfer and include acknowledgment from both the seller and buyer.
  • Title Application: Similar to the odometer statement which is integral during the transfer of vehicle ownership, a Title Application is necessary to assert one's legal ownership of a vehicle. It also typically includes detailed information about the vehicle and must comply with state laws.
  • Loan Agreement: Though primarily financial, loan agreements share the requirement for detailed information and legal acknowledgments. They must be signed by the involved parties, similar to how the odometer statement is signed by both the seller and the buyer.
  • Warranty Deed: This document, used in real estate, ensures that a property's title is transferred without liens or claims. Similar to the odometer statement, it guarantees the accuracy of information at the time of sale, providing protection for the buyer.
  • Non-Disclosure Agreement (NDA): An NDA is designed to protect confidential information. Like the Texas Odometer Statement, it is legally binding and requires signatures to affirm agreement to the terms, including the acknowledgment of penalties for falsification or breach.
  • Employment Verification Form: Used to verify the employment status of an individual, this form requires accurate representation of employment information. The need for accurate and truthful information parallels the requirement on the odometer statement to accurately disclose mileage.
  • Lien Release: This document is similar in that it acknowledges the satisfaction of a debt, allowing for the transfer of ownership free from claims, much like the odometer statement is used to transparently transfer vehicle ownership. Both require legal acknowledgments from involved parties to confirm the information's validity.

These documents, although varying in specifics, fundamentally require the disclosure of accurate information, adherence to applicable laws, and include penalties for falsification, mirroring the purpose and structure of the Texas Odometer Statement form.

Dos and Don'ts

When filling out the Texas Odometer Statement form, it's crucial to follow specific dos and don'ts to ensure the process is completed accurately and legally. Here is a guide to help you navigate this task:

  • Do ensure that you accurately state the mileage of the vehicle at the time of transfer. Accuracy is not just a legal requirement but also a duty to the buyer.
  • Do check the appropriate box if the odometer reading is not the actual mileage, whether it's because it's in excess of its mechanical limits or for any other reason.
  • Do write legibly. The information you provide is crucial for both legal and record-keeping purposes.
  • Do complete all sections of the form relevant to your transaction. Incompleteness can invalidate the statement or delay the process.
  • Don't use this form for vehicles with titles issued on or after April 29, 1990, that already comply with federal and state odometer disclosure requirements. These vehicles have a different process.
  • Don't provide false information. Remember, falsifying information on this document can result in severe penalties including fines and/or imprisonment.
  • Don't guess or estimate the odometer reading. The disclosure must be based on the actual reading to the best of your knowledge.
  • Don't forget to print your name exactly as it appears in your signature. This is important for verification and legal purposes.

Completing the Texas Odometer Statement form with attention and care is paramount. Not only does it serve as a critical document in the vehicle's ownership transfer process, but it also ensures transparency and honesty between the seller and buyer. Following these guidelines will help ensure that the process is conducted smoothly and in compliance with legal standards.

Misconceptions

When it comes to the Texas Odometer Statement form, some common misunderstandings can lead individuals astray. This form is crucial during the sale and purchase of a vehicle as it pertains to the disclosure of the vehicle's mileage. Below, nine widespread misconceptions about the Texas Odometer Statement form (VTR-40) are clarified to provide better understanding and compliance.

  • Misconception 1: The form is optional for private sales.

    Some believe that only dealerships are required to complete the odometer statement when selling a vehicle. However, both federal and Texas state laws mandate that this form must be completed during any transfer of ownership, including private sales, to ensure the buyer is aware of the true mileage of the vehicle.

  • Misconception 2: It’s acceptable to estimate the mileage.

    Accuracy is key. The odometer reading must be the actual mileage at the time of sale. Guessing or estimating the figure can lead to legal ramifications, including fines or imprisonment for providing false statements.

  • Misconception 3: The form is still valid if it’s not part of the title transfer documents.

    As explicit in the instructions, this specific form cannot be used in conjunction with title transfer documents that already comply with the federal and state odometer disclosure requirements, particularly for Texas Certificate of Titles issued after April 29, 1990. This form is an independent document specifically designed for odometer disclosure only.

  • Misconception 4: Any discrepancy doesn’t need to be disclosed if the buyer is informed.

    Disclosure of any odometer discrepancy is a legal requirement. If the mileage is not the actual mileage, or if it exceeds the vehicle's mechanical limits, it must be clearly indicated on the form. Merely telling the buyer does not suffice.

  • Misconception 5: Digital signatures are acceptable on the odometer statement.

    The document requires a handwritten signature to finalize the statement of odometer disclosure. While digital signatures are increasingly accepted for various transactions, the Texas Odometer Statement form requires a traditional, ink-based signature from both seller and buyer to confirm acknowledgment and accuracy of the information provided.

  • Misconception 6: This form is only necessary for vehicles less than ten years old.

    Although there are exemptions for older vehicles regarding odometer disclosure in some cases, the assumption that a vehicle over ten years old automatically qualifies for an exemption without completing this form can lead to complications. Parties should verify the specific requirements based on the vehicle’s age, make, and model.

  • Misconception 7: The form covers all vehicle types.

    The Texas Odometer Statement form is designed specifically for certain types of vehicles and might not apply to vehicles such as boats, motorcycles, or heavy duty trucks over a certain weight. It's important to ensure the vehicle type is covered under this form to avoid misinformation.

  • Misconception 8: Sellers do not need to keep a copy.

    Both sellers and buyers should retain a copy of the completed form for their records. Keeping a copy safeguards against future discrepancies or legal disputes regarding the vehicle's mileage.

  • Misconception 9: The odometer statement can be corrected after submission if a mistake is found.

    Once the form is signed and submitted, making changes can be challenging and may not be permissible. Ensuring accuracy before submission is crucial as correcting a recorded odometer reading can involve a complex and potentially legal process.

Understanding these distinctions helps both sellers and buyers navigate the process of vehicle sale and purchase more efficiently, ensuring compliance with legal requirements and minimizing potential disputes related to odometer fraud.

Key takeaways

When you're handling the sale or purchase of a vehicle in Texas, the Texas Odometer Statement form becomes an essential document. Here are six key takeaways to ensure you fill out and use this form correctly:

  • Legally Required: The form is a legal requirement for the selling and purchasing process. It's mandated by both federal and state law to disclose the mileage during the transfer of ownership of a vehicle. Not completing it or providing false information can lead to serious consequences, including fines or imprisonment.
  • Not Usable With Certain Documents: The Texas Odometer Statement form cannot be used alongside title transfer documents that already comply with the federal and state odometer disclosure requirements. This is specifically true for Texas Certificates of Titles issued on or after April 29, 1990.
  • Accuracy is Critical: The seller or the seller's agent is required to certify that the odometer reading reflects the vehicle’s actual mileage to the best of their knowledge, unless noted otherwise due to the mileage exceeding the mechanical limits or the odometer not showing the correct mileage.
  • Warning of Odometer Discrepancy: If there is any reason to believe the odometer reading does not accurately reflect the actual mileage, a warning of odometer discrepancy must be indicated. This is not only a matter of honesty but also a legal obligation.
  • Buyer Acknowledgment: The form requires acknowledgment from the buyer or the buyer’s agent. They must be aware of the odometer certification provided by the seller or the agent to ensure transparency during the transaction.
  • Criminal Penalties for Falsification: It’s worth noting again that falsifying information on the Texas Odometer Statement form is a third-degree felony under the Transportation Code, §501.155. This underscores the importance of providing accurate and truthful information when completing this form.

Adhering to these guidelines when completing the Texas Odometer Statement form is not only about compliance with the law; it's also about ensuring fairness and transparency during the vehicle transaction process.

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