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Understanding the Odometer Statement in Michigan
What Is an Odometer Statement?
An odometer statement is an official document or declaration that affirms the accuracy of a vehicle’s odometer reading at a specific point in time. In Michigan, this statement is often required during vehicle sale transactions, title transfers, or when registering a vehicle. The primary purpose of the odometer statement is to disclose the vehicle’s mileage history to prevent odometer fraud, which is a federal offense under the Truth in Mileage Act.
The odometer statement typically includes details such as:
- The current odometer reading
- The date of the statement
- The vehicle identification number (VIN)
- The seller’s or owner’s declaration of accuracy
- Signatures of the involved parties
Legal Importance of Odometer Statements in Michigan
In Michigan, providing an accurate odometer statement is a legal requirement when:
- Transferring ownership of a vehicle
- Registering a vehicle for the first time
- Selling or exchanging a vehicle
- Correcting or updating a vehicle’s title
Failure to provide a truthful odometer statement can result in penalties, including fines or criminal charges for odometer fraud. The state aligns with federal regulations that prohibit odometer tampering and misrepresentation.
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Legal Regulations Governing Odometer Statements in Michigan
Federal Laws and Michigan State Regulations
Michigan adheres to federal laws set forth by the Truth in Mileage Act (15 U.S.C. § 1988) and the Motor Vehicle Information and Cost Savings Act, which establish standards for odometer readings and disclosure requirements. Key points include:
- The seller must disclose the odometer reading accurately at the time of sale.
- If the odometer has been replaced or altered, this must be disclosed.
- Certain vehicles are exempt, such as those over 20 years old or with a gross vehicle weight exceeding 16,000 pounds.
Michigan’s Department of State (MDOS) enforces these regulations and provides guidelines for completing odometer statements.
When Is an Odometer Statement Required?
An odometer statement is typically required in Michigan during the following situations:
- When transferring a vehicle’s title
- When applying for a new or duplicate title
- During vehicle resale transactions
- When correcting or updating vehicle mileage information
- If the vehicle is exempt from odometer disclosure (e.g., vintage vehicles over 25 years old)
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How to Complete an Odometer Statement in Michigan
Steps for Sellers and Owners
1. Verify the Odometer Reading
Before completing the statement, ensure the odometer reading displayed on the vehicle is accurate and functioning properly.
2. Fill Out the Odometer Disclosure Section
Michigan requires a specific form or section on the title or a separate odometer disclosure statement. Include the following details:
- Exact odometer reading (in miles)
- Date of reading
- Vehicle identification number (VIN)
- Seller’s name and address
- Buyer’s name and address (if applicable)
3. Declare the Accuracy
The seller must certify that the odometer reading is correct and reflect whether the odometer:
- Is functioning properly
- Has been replaced or repaired
- Has exceeded its mechanical limits
4. Sign and Date the Statement
The seller’s signature and date validate the accuracy of the statement. In some cases, a notary public may be required for notarization, especially in private sales or certain transactions.
5. Provide a Copy to the Buyer
The seller should give the buyer a copy of the odometer disclosure statement for their records.
6. Submit the Odometer Statement with Title Application
When applying for a new or duplicate title, include the completed odometer disclosure form as part of your documentation.
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Common Forms Used in Michigan
- Michigan Vehicle Title — Contains a section for odometer disclosure
- Odometer Disclosure Statement (Form M-124) — A separate form used when the title does not have the disclosure section
- Bill of Sale — Can include odometer details if properly completed
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Key Considerations When Preparing an Odometer Statement
Accuracy and Honesty
Providing an accurate odometer reading is legally mandatory. If a seller knowingly falsifies or misrepresents mileage, they could face criminal charges under federal and state laws.
Exceptions and Exemptions
Some vehicles are exempt from odometer disclosure requirements, including:
- Vehicles over 25 years old (vintage or classic cars)
- Vehicles with a gross weight over 16,000 pounds
- Certain leased or fleet vehicles
However, it’s important to verify whether your vehicle qualifies for exemption.
Replacing or Repaired Odometers
If the odometer has been replaced or repaired, the seller must disclose this fact and provide details, such as:
- The date of replacement
- The mileage on the odometer at the time of replacement
- Documentation supporting the repair or replacement
Failure to disclose odometer replacement can lead to legal penalties.
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Common Challenges and How to Address Them
Inaccurate or Unreadable Odometers
In cases where the odometer is malfunctioning or unreadable:
- The seller should declare the odometer as “not actual” if the mileage cannot be verified.
- It’s advisable to include a written explanation or supporting documentation.
- Consider obtaining a vehicle history report to estimate mileage.
Disputes Over Mileage
Disagreements about the accuracy of odometer readings can be resolved through:
- Vehicle history reports
- Inspection reports
- Expert assessments
In legal proceedings, documented evidence is crucial.
Maintaining Proper Records
Keeping copies of all odometer disclosures, sale receipts, and related documentation is essential for both buyers and sellers for future reference and legal compliance.
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Additional Tips for Michigan Vehicle Owners and Buyers
- Always verify odometer readings before completing a sale.
- Use official Michigan forms for disclosure to ensure compliance.
- Be honest and transparent to avoid legal issues.
- Keep copies of all documentation related to odometer disclosures.
- Seek legal advice if there is suspicion of odometer tampering or fraud.
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Conclusion
The odometer statement Michigan plays a vital role in maintaining transparency and integrity in vehicle transactions within the state. Proper understanding and diligent completion of odometer disclosures help prevent odometer fraud, protect buyers and sellers, and ensure compliance with federal and state laws. Whether you are selling, buying, or registering a vehicle, knowing how to accurately complete and handle odometer statements is essential. Always keep detailed records, be honest in disclosures, and consult official Michigan resources or legal advisors if you encounter complex situations related to vehicle mileage documentation. By following best practices, you can ensure smooth transactions and adhere to the legal standards governing vehicle mileage disclosures in Michigan.
Frequently Asked Questions
What is an odometer statement in Michigan?
An odometer statement in Michigan is a legal document where the seller certifies the vehicle's odometer reading is accurate and reflects the true mileage at the time of sale.
When is an odometer statement required in Michigan?
An odometer statement is required when transferring ownership of a vehicle that is less than 10 years old or when the vehicle's mileage is being disclosed for registration or sale purposes.
How do I obtain an odometer statement in Michigan?
You can obtain an odometer statement by completing the Odometer Disclosure Statement form available through the Michigan Secretary of State or through the vehicle sale process, often done at the time of title transfer.
Can I use a handwritten odometer statement in Michigan?
Yes, a handwritten odometer statement is acceptable as long as it contains all required information, including the vehicle details, mileage, date, and a signature, but official forms are recommended for clarity and compliance.
What information must be included in a Michigan odometer statement?
The statement must include the vehicle identification number (VIN), the current odometer reading, the date of the reading, the seller's and buyer's names, and signatures from both parties.
Are there penalties for providing false odometer information in Michigan?
Yes, providing false odometer information is a federal and state offense that can result in fines, penalties, or criminal charges in Michigan.
Is an odometer statement necessary for used vehicle sales in Michigan?
It is necessary when the vehicle is less than 10 years old or when the odometer reading is being disclosed as part of the sale or transfer process.
Can I update or correct an odometer statement in Michigan?
Yes, if the odometer reading was recorded incorrectly, you can submit an amended odometer disclosure statement to Michigan Secretary of State to correct the record.
Where can I find the official odometer disclosure form for Michigan?
The official form can be downloaded from the Michigan Secretary of State website or obtained at a local Michigan Secretary of State branch office.
