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The LAW Prohibits Tampering and Inaccurate Odometer Disclosures

July 31, 2008

by Karl O. Heil

Buyers rely heavily on a vehicles mileage in determining a vehicles condition and value. Accurate odometer readings and disclosures, therefore, are essential for maintaining a reliable basis for determining a vehicles condition and value.

For these reasons, state and federal law prohibit not only odometer tampering, but also inaccurate odometer disclosures. Under federal law, a seller is required to provide an odometer disclosure statement certifying that:

(a) the odometers mileage reading is accurate for that car,

(b) the odometer shows the actual number of miles the vehicle has traveled even if it is beyond mechanical limits of the odometer, or

(c) the number on the odometer is incorrect.

Besides rolling back or modifying odometer readings (e.g. using odometer “kill switches”), unscrupulous sellers of motor vehicles also ignore tell-tale signs of possible odometer discrepancies or fraud. For example, there may be inconsistent odometer readings recorded in a vehicle’s title or repair history.

One example would be where the mileage drops during one calendar year. That’s pretty much a give away that something is going on. In other cases, the seller may notice that the odometer has been tampered with by seeing missing screws or scratch marks on the odometer casing.

These are signs that the seller should take seriously and check into the history of the vehicle. If he fails to do this then he’s not certifying that the odometer is showing the correct mileage.

Car buyers who are concerned about the accuracy of odometer readings on a used vehicle can check the services such as Autocheck that gather background information on used vehicles. sometimes even these background reports are not accurate so. Another option is to take your car to a specialty garage where they can check for signs of tampering.

If it turns out that the seller does mess with the odometer or that he doesn’t provide airtight odometer disclosures, use really looking for trouble, because federal law has serious penalties for such violators. Keep in mind though that federal laws regarding odometer tampering does not apply to vehicles that are more than 10 years old.

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