assessment
Existing Dealers
All certificates of titles that have been issued in Florida must have odometer reading recorded correctly, during the transfer, and the odometer reading must be recorded on the front of the title. This is called the odometer statement. Dealers are required by law to enter odometer readings each and every time a vehicle is purchased or sold. Space is provided on a dealer reassignment forms to enter the odometer information. Since April 29, 1990, federal regulations require licensed motor vehicle dealers to obtain from the seller, on the purchase of any motor vehicle, a federal form called an Odometer Disclosure Statement which must be completed. As a dealer you must complete an Odometer Disclosure Statement at the time of selling or disposing of a vehicle. Federal regulations require dealers to keep both the acquisition Odometer Disclosure Statement and the sale Odometer Disclosure Statement in their file for a minimum of five years.
Form HSMV82993: http://www.flhsmv.gov/dmv/forms/BTR/82993.pdf Separate Odometer Disclosure Statement and Acknowledgement.
Per Florida statute 319.225 (4): http://www.flsenate.gov/Laws/Statutes/2011/319.225 the department does not require an odometer statement for vehicles that:
- Have a gross vehicle rating of more than 16,000 pounds
- Are not self-propelled
- Are 10 years old or older
Consequence: Any individual who fails to complete the odometer disclosure statement on all applicable vehicles is guilty of a misdemeanor of the second degree. For a dealers, this could mean revocation of the dealer license.
**Remember that it is against the law to knowingly provide false information regarding the odometer reading (ie: to tamper or set back the miles to make it seem like it has less miles).
When an Odometer Disclosure is made that includes “Is not the actual mileage… Warning – Odometer Discrepancy” or “Exempt,” specific requirements must be met if the odometer has been serviced, repaired or replaced:
- Either the odometer will continue to be set to reflect the same as before the service, repair or replacement or;
- If the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer must be adjusted to read zero and;
- a notice in writing must be attached to the door frame of the vehicle by the owner or his or her agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.
The written notification shall be made by affixing a decal onto the door frame of the vehicle with the pertinent and required information written on the decal and can be verified by a examining the vehicle in addition to the paperwork when possible. Dealers may not realize that these decals can be purchased through a local vehicle repair facility or ordered on-line.
According to 319.35 (2) (b), “A person may not fail to adjust an odometer or affix a notice regarding such adjustment as required.”
To break this down a little further:
- True mileage can be shown after service, repair or replacement. When the odometer service, repair or replacement doesn’t affect the true mileage being shown, the notice in writing on the door frame is not required.
- True mileage cannot be shown after service, repair or replacement. Notice is only required when the odometer is incapable of registering the same mileage as before service, repair or replacement. Then, it must be adjusted to zero and a notice in writing on the door frame is required specifying the mileage prior to its repair or replacement and the date of its repair or replacement.
Example: Prior Miles: (i.e. 40,000)
Date of Change/Repaired: (i.e. January 21, 2000)
(The notice in writing can be a decal that sticks to the door frame. Decals can be obtained from a vehicle repair facility or a dealer supply store)
Florida statute 319.35 Information obtained from: http://www.flsenate.gov/Laws/Statutes/2011/319.35
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Course
English: 8-Hour License Renewal Auto Dealer Course
Author
Joaquin Jimenez
Instructor
