Inaccurate Odometer Disclosures Are Against The Law

Used car buyers factor in a vehicle's mileage when they're deciding the condition and value of the used vehicle. Odometer readings and disclosures are therefore a very important part in determining a vehicle's 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 vehicles odometer reading reflects the actual mileage,

(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.

Such signs would put the seller on notice that the odometer may have been tampered with and would require the seller to investigate the odometer's accuracy further. If the seller ignored these signs, it would not have a solid basis for certifying that "the odometer reflects the actual mileage."

Buyers concerned about potential odometer inaccuracy can use Carfax, Autocheck, and other such reports to see if there are odometer discrepancies in a vehicle's history. However, these types of reports are not always complete. In addition, some repair facilities and specialty garages inspect vehicles for odometer tampering.

If it turns out that the vehicle seller does alter the odometer. Or that they do not provide accurate disclosures, they should know that they are putting their business at risk, because federal law has severe penalties for businesses that violate the odometer laws. It's important to note though, that the laws regarding this only cover vehicles less than 11 years old.

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Karl O. Heil is a leading expert on Lemon Law litigation At Romano, Stancroff & Mikhov PC. For best results get real lemon law attorneys. southern California has unique laws. Getting lemon law lawyers in southern California is like cash in the bank

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