Interpretation ID: nht75-6.36

DATE: 10/15/75

FROM: FRANK BERNDT -- ACTING CHIEF COUNSEL, NHTSA

TO: CITY AUTO SALES

TITLE: NONE

TEXT: It has come to the attention of this agency that you failed to complete an odometer disclosure statement in compliance with Federal law at the time you transferred ownership of a 1972 Chevrolet Camaro to Mrs. Connie Murphy on July 2, 1975.

Section 408 of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) requires that a written disclosure of a vehicle's correct mileage be provided by the seller to the purchaser at the time ownership of a vehicle is transferred. If the correct mileage is unknown, the Act requires a statement to that effect to be furnished in written form to the buyer.

Violation of either of the above requirements or a fraudulent completion of an odometer statement may subject the violator to civil liability. The Act makes available to the buyer a remedy in the amount of $ 1,500 or treble damages, whichever in greater. In addition to the private civil remedy, section 410 of the Act gives the U.S. Attorney General power to institute suits for injunctive enforcement of the odometer provisions.

If you are in violation of the Act, I strongly suggest that you take immediate steps to comply with its provisions. A copy of the relevant portions of the Act and the odometer disclosure requirements have been enclosed for your information.