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The Consumer Law Group, P.C.

Odometer Disclosure Laws Do Not Apply to Cars Older Than 10 Years

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One of the key pieces of information to consider when buying a used car is the mileage. The mileage tells you how much wear and tear has been put on the vehicle, whether the car has been driven more than average, and how much life is possibly left in the car. Shady sellers know this and often roll back An Old Car Odometerthe odometer to trick buyers into thinking the car has fewer miles on it than it actually does. Another trick sellers use is to replace the odometer with one showing fewer miles. Both of these practices are illegal under federal law. In fact, sellers are required to provide a written disclosure to the buyer if the mileage indicated on the odometer is incorrect. However, when the car in question is 10 years old or older, it is exempt from the written disclosure requirement. This means that when buying an older used car, buyers must be extremely cautious.

The Federal Odometer Tampering Law

According to the National Highway Traffic Safety Administration, the federal odometer law prohibits the disconnection, resetting, or alteration of a motor vehicle's odometer with intent to change the number of miles indicated thereon. This law applies to a vehicle of any age, no matter who is selling it. The law also requires the seller to write the mileage indicated on the odometer on the vehicle’s title when ownership is transferred. If the seller knows this number to be inaccurate, he is also required to provide a written disclosure of this fact. This is the part of the law that does not apply to vehicles older than 10 years. Because cars this old may have changed hands many times, the most recent seller can’t be expected to know if the odometer has ever been tampered with. However, a savvy buyer will look for signs that the odometer has been changed.

Buyer Beware With Used Cars

When buying an older used car, your best bet is to have the car inspected to determine the actual condition rather than relying on the mileage to tell you anything about it. You can also look the car over for dated inspection stickers, conduct a search on the vehicle’s title, and check with the manufacturer for the mileage when any recall work was done on the vehicle. However, if you later discover that the used car you bought has an incorrect odometer reading, there will be little you can do about it, so do your research before buying that bargain used car!  Remember, CarFax reports sometimes fail to advise of prior accidents, floods or other problems.  They are not foolproof, and are no substitutions for and inspection by a mechanic of your choice and a body shop to tell you if there is any prior accident damage.

 

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