Does Having a Missing Odometer Qualify as an Exempt Car on a Car Title in Florida?
Full Question:
Answer:
The answer will depend on the reason for the odometer being missing, whether fraud was involved, and whether you bought it as is. We suggest you read the contract carefully for applicable warranty and cancellation terms. It will be a matter of determination for the court whether there was an accord and satisfaction or waiver of further claims by you when you accepted the money and returned the truck. It is possible the difference might be seen as compensating for the value you received from the temporary use of the truck. The court may likely find the dealer owed something for the use of the truck for two months.
All cars sold in Florida regardless of age are required to be sold with an odometer statement. If the car was sold TMU true mileage unknown then the mileage would be exempt. Dealers or consumers usually have to replace the whole cluster which includes the odometer because of a failing part such as a speedometer. However, the odometer may also be replaced as a scam for falsifying mileage.
Please see the following FL statutes:
TAMPERING WITH MILEAGE DEVICE. — Whoever, after hiring a motor
vehicle from any person or persons under an agreement to pay for the use
of such motor vehicle a sum of money determinable either in whole or in
part upon the distance such motor vehicle travels during the period for
which hired, removes, attempts to remove, tampers with, or attempts to
tamper with or otherwise interfere with any odometer or other mechanical
device attached to said hired motor vehicle for the purpose of
registering the distance such vehicle travels, with the intent to deceive
the person or persons letting such vehicle or their lawful agent as to
the actual distance traveled thereby, shall upon conviction be deemed
guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083. Any person who shall knowingly aid, abet or
assist another in violating the provisions of this subsection shall, as a
principal in the first degree, be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083. Any person
violating this section may be informed against or indicted in the county
where such odometer or such other mechanical device is removed, or
attempted to be removed, or tampered with, or attempted to be tampered
with, or otherwise interfered with, or in the county where such persons
knowingly aid, abet, or assist another in violating the provisions of
this section, or in the county where any part of such motor vehicle upon
which is attached such odometer, or such other mechanical device, is
removed or attempted to be removed.
319.225 Transfer and reassignment forms; odometer disclosure
statements.-
(6)(a) If the certificate of title is physically held by a
lienholder, the transferor may give a power of attorney to his or her
transferee for the purpose of odometer disclosure. The power of attorney
must be on a form issued or authorized by the department, which form must
be in compliance with 49 C.F.R. ss. 580.4 and 580.13. The department
shall not require the signature of the transferor to be notarized on the
form; however, in lieu of notarization, the form shall include an
affidavit with the following wording: UNDER PENALTY OF PERJURY, I DECLARE
THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
ARE TRUE. The transferee shall sign the power of attorney form, print his
or her name, and return a copy of the power of attorney form to the
transferor. Upon receipt of a title certificate, the transferee shall
complete the space for mileage disclosure on the title certificate
exactly as the mileage was disclosed by the transferor on the power of
attorney form. If the transferee is a licensed motor vehicle dealer who
is transferring the vehicle to a retail purchaser, the dealer shall make
application on behalf of the retail purchaser as provided in s. 319.23(6)
and shall submit the original power of attorney form to the department
with the application for title and the transferor's title certificate;
otherwise, a dealer may reassign the title certificate by using the
dealer reassignment form in the manner prescribed in subsection (3),
and, at the time of physical transfer of the vehicle, the original power
of attorney shall be delivered to the person designated as the transferee
of the dealer on the dealer reassignment form. A copy of the executed
power of attorney shall be submitted to the department with a copy of the
executed dealer reassignment form within 5 business days after the
certificate of title and dealer reassignment form are delivered by the
dealer to its transferee.
(b) If the certificate of title is lost or otherwise unavailable, the
transferor may give a power of attorney to his or her transferee for the
purpose of odometer disclosure. The power of attorney must be on a form
issued or authorized by the department, which form must be in compliance
with 49 C.F.R. ss. 580.4 and 580.13. The department shall not require the
signature of the transferor to be notarized on the form; however, in lieu
of notarization, the form shall include an affidavit with the following
wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE
FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. The
transferee shall sign the power of attorney form, print his or her name,
and return a copy of the power of attorney form to the transferor. Upon
receipt of the title certificate or a duplicate title certificate, the
transferee shall complete the space for mileage disclosure on the title
certificate exactly as the mileage was disclosed by the transferor on the
power of attorney form. If the transferee is a licensed motor vehicle
dealer who is transferring the vehicle to a retail purchaser, the dealer
shall make application on behalf of the retail purchaser as provided in
s. 319.23(6) and shall submit the original power of attorney form to the
department with the application for title and the transferor's title
certificate or duplicate title certificate; otherwise, a dealer may
reassign the title certificate by using the dealer reassignment form in
the manner prescribed in subsection (3), and, at the time of physical
transfer of the vehicle, the original power of attorney shall be
delivered to the person designated as the transferee of the dealer on the
dealer reassignment form. A copy of the executed power of attorney shall
be submitted to the department with a copy of the executed dealer
reassignment form within 5 business days after the duplicate certificate
of title and dealer reassignment form are delivered by the dealer to its
transferee.