Odometer Fraud Penalty in Florida
The National Highway Traffic Safety Administration (NHTSA) estimates sellers sell more than 450,000 vehicles yearly with false odometer readings. Unfortunately, sellers often tamper with the car’s odometer reading to make it more attractive to buyers. After all, it’s much better to buy a used car with 10,000 miles on it rather than 50,000.
Buying a used car comes with unique challenges since most buyers aren’t mechanical experts who can thoroughly inspect a vehicle. This is why many feel that buying a new car in Florida is much easier, despite the hassle of negotiating with a car dealer. It’s also why companies like CarFax and Kelley Blue Book have built entire businesses to help consumers understand used vehicles.
But the bigger question here is – is it illegal to change the mileage on a car?
Yes, tampering with the odometer is unlawful under both state and federal law, resulting in penalties for those who commit this crime. So read on to learn more about the odometer fraud penalty in Florida according to Florida traffic laws.
What Is Odometer Fraud?
Florida Statute 319.35 defines odometer fraud as when a person knowingly tampers with the odometer of a motor vehicle to show a lower mileage than the car’s actual mileage. One cannot do the following to the vehicle’s odometer:
- Adjust
- Alter
- Disconnect
- Fail to connect
- Set back
The law also states that it’s illegal to provide a written odometer statement with false information on it or bring a vehicle with a rolled-back odometer into the state of Florida.
Instead, invoke your right to remain silent. Do not give any information except for the following:
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How to Identify Odometer Fraud
If you suspect a seller tampered with the odometer of the vehicle you want to buy, here are some tips to help identify an odometer scam:
- Ask for the odometer disclosure statement the seller received when they bought the car to know the mileage when they purchased it
- Identify whether the vehicle has replacement tires
- If possible, contact the car’s previous owner to ask about mileage and the vehicle’s condition
- Look for maintenance records, oil-change stickers, or a warranty card that may indicate the vehicle’s mileage
- Look for signs of wear and tear on the gas and brake pedal pads or recent replacement of the pads, as well as wear and tear on the seats
- Review the original owner’s manual
- Scan the dashboard for loose screws
You can also check the door frame to see if there is a notice. When a mechanic repairs or replaces an odometer, and the odometer cannot register the same mileage as before, the mechanic will adjust the read to zero and place a notice in the door frame. The notice will detail the mileage before the repair or replacement.
Checking for wear and tear is crucial because cars with low mileage should have minimal wear and tear when a vehicle is newer. For instance, cars with less than 20,000 miles should have their original tires unless an accident occurred that required a replacement.
If the car has a significant amount of wear and suspiciously low mileage, you can suspect fraud.
Another way to check for fraud is by getting a CarFax report or other vehicle history report using the 17-digit vehicle identification number (VIN). Reports are available for cars from the following:
- Car dealerships
- Private sellers
- Used-car listings
If you still have doubts, ask a trusted mechanic to inspect the vehicle before you agree to purchase it.
Once you’re comfortable with the seller and deem the used vehicle in good condition, follow Florida Statute 319.22 to transfer the title correctly.
What Should You Do If You’re Accused of Odometer Fraud in Florida?
Unfortunately, odometer fraud is common in Florida, so used car buyers are on the lookout for this crime. If someone falsely accuses you of odometer tampering, it’s best to involve an experienced attorney like Florida Ticket Firm.
Disclaimer: This is general advice and not intended for use in a court case. Each case is different and requires review by a lawyer.
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