Odometer Disclosure Statement In Georgia State
The average new car buyer keeps their vehicle for six to eight years, but modern vehicles can often last 20 years if properly maintained. Most vehicles will have two or more owners during their lifetime, and the ownership change will result in a sales transaction. To complete that transaction, accurate documentation is required, and one of those documents is an
Odometer Disclosure Statement.
What Is Odometer Disclosure Statement
Did you know that tampering with an odometer is against the law? According to the
NHTSA, you cannot disconnect, alter, or reset an odometer to change the displayed mileage. However, fraudsters are everywhere, and one of their tricks is to "roll back" the car's mileage to make it more appealing to buyers and get a higher price.
An Odometer Disclosure Statement is a legally binding document that provides an accurate mileage on the odometer when the car is sold to the buyer. Furthermore, if the mileage is incorrect, it must be noted on the statement.
Importance
Cars aren't cheap, and an odometer that reads 100,000 miles less than the actual mileage may indicate that you're purchasing a vehicle with far more wear and tear than you anticipated. Even a difference of 10,000 or 20,000 miles can significantly impact the value of a newer car. A shady transaction could result in the buyer losing thousands of dollars.
Remember that an odometer may differ from the actual mileage for legitimate reasons. A warranty replacement may reset the odometer to 0 miles for digital instrument clusters. A car owner can sell their vehicle with transparency if they disclose the modification.
Odometer Act And Violation
The
Odometer Act also requires additional information on title transfer documents and both the transferor and transferee signing the documents—a requirement that dealers frequently violate. Courts are divided on whether such violations necessitate an intent to defraud regarding the vehicle's mileage or can be remedied if the seller intends to defraud regarding other aspects of the sale. If the latter is the case, failure to obtain the consumer's signature may result in $10,000 in minimum damages or treble damages, whichever is greater.
Anyone caught committing fraud by failing to disclose altered mileage is subject to a penalty under the federal odometer law,
49 U.S.C. Chapter 327. This can range from $1,500 to the full amount of the actual damages, including legal fees.
Typing with an odometer and disclosing inaccurate mileage information on a vehicle's title transfer document are common Odometer Act violations. Other infractions include a seller making a false statement to the consumer in making disclosures on the title transfer document—for example; Other sales documents may contain oral misrepresentations or incorrect odometer information.
How To Avoid Odometer Fraud
Vehicle Summary
- Get a low-cost summary of the vehicle's title history from the National Motor Vehicle Title Information System, Carfax, and AutoCheck, which may reveal odometer discrepancies. Although these title summaries do not always identify a vehicle's problems, they are a quick and low-cost first step.
Mileage On Sticker
- Examine the mileage on repair or inspection stickers located on the driver's door frame; the absence of such stickers where they should be found is suspicious.
Check The Glove Compartment
- Repair bills, service records, and other documents indicating prior vehicle mileage and other useful information may be found in the glove compartment. A glove compartment that is devoid of paperwork is also suspect.
Tires
- Look at the tire wear on vehicles with claimed low mileage (such as 25,000) to see if the tires are too worn or not worn enough to match the vehicle's mileage. To decipher the tire manufacture date from the code found on the tire's sidewall, the tire manufacture date should be close to the vehicle manufacture date.
Franchise Dealer
- Manufacturers keep warranty repair information, including odometer information, on a vehicle. A franchised dealer may be able to provide you with this information. Taking the car to a franchised dealer for repair may also result in the dealer informing the consumer of an odometer discrepancy.
Physical Inspection
- A physical inspection of the vehicle may reveal an overall condition that does not correspond to the mileage on the odometer or may indicate odometer tampering. The case may be scratched, white lines may appear between the odometer numbers, the odometer may record mileage incorrectly, or screws holding the dashboard may have been replaced.
Mind The Numbers
- Odd read-outs on an electronic odometer are a good indicator of odometer tampering.
Look For The Chip
- Depending on the manufacturer and model year, the vehicle may contain a computer chip that measures mileage independently of the dashboard odometer, allowing a comparison to reveal an odometer rollback.
Vehicle History From GA DDS
- If anything appears suspicious, obtain a detailed title history from the GA DDS, which will also provide contact information for previous owners who can provide information about the vehicle's history. It's also a good idea to compare the nature of a vehicle's previous owners to the dealer's representations.
Search The Dealer
- Federal law requires the selling dealer to keep copies of title documents indicating the dealer's sale to the consumer and a prior sale to the dealer.
Get An Odometer Disclosure Statement
Odometer Disclosure Statements are required in some states, and the form can be found on the
Georgia Department of Driver Services website. Some states will direct you to use the federal form, while others will have their document to fill out.
A fully completed form includes the personal information of the buyer and seller, the date of certification, the year, make, model, VIN, and the accurate mileage as of the date of certification.