Odometer Fraud in Vermont: Your Rights Under 23 V.S.A. and the Federal Odometer Act

By Joshua Feygin, Esq. · Odometer Fraud · Updated September 2026

Odometer fraud in Vermont is prosecuted under a state statute and sued on under a federal one. The state law, 23 V.S.A. § 1704a, makes rolling back an odometer or misstating the mileage on a title or bill of sale an offense punishable by a fine. The federal law, the Federal Odometer Act, is what puts money in the buyer's pocket: the greater of three times your actual damages or $10,000, plus attorney's fees, under 49 U.S.C. § 32710. A Vermont Attorney General rule, CP 108, adds a third layer by treating a dealer's failure to hand you a written odometer statement as a deceptive act. This post explains how the three fit together and what a Vermont auto fraud attorney does with them for you.

What Does Vermont's Odometer Statute Prohibit?

23 V.S.A. § 1704a, in the general offenses chapter of the motor vehicle title, prohibits three things. A person may not sell, attempt to sell, or cause to be sold a motor vehicle whose odometer has been changed, tampered with, or defaced without first disclosing that to the buyer. A person may not change, tamper with, or deface an odometer, or attempt to. And a person may not willfully misrepresent the odometer reading on an odometer disclosure statement, title, or bill of sale.

The penalty is a fine of up to $1,000 for a first offense and up to $2,500 for each later offense. That is the whole of section 1704a. It contains no private right of action and no damages provision for the buyer. Its value in a civil case is that it establishes the conduct is unlawful in Vermont, which matters when the claim is framed as an unfair or deceptive act under the Consumer Protection Act. Under 23 V.S.A. § 2023, the seller also warrants the odometer reading in the title assignment itself.

What Odometer Disclosure Does a Vermont Dealer Have to Give You?

Two documents. First, the federal disclosure under 49 U.S.C. § 32705 and 49 C.F.R. Part 580, made in Vermont on the title assignment or on DMV form VT-005, the Bill of Sale and Odometer Disclosure Statement. The seller states the mileage and checks one of three boxes: actual mileage, mileage in excess of the odometer's mechanical limits, or not the actual mileage. A dealer who knew the reading was wrong and checked "actual mileage" anyway may have made a false federal disclosure.

Second, the state rule. Consumer Protection Rule CP 108, adopted under 9 V.S.A. § 2453(c), requires a dealer to furnish the buyer a signed written odometer statement with the reading at transfer, the transfer date, the dealer's identity, the vehicle's identification, and prior readings where available. Under CP 108.02 it must be given before any transfer document is signed, and under CP 108.01(f) the dealer must state that the actual mileage is unknown when it has reason to think the reading is wrong. Transferring a vehicle without this statement is, by the rule's own terms, treated as an unfair and deceptive act.

What Does the Federal Odometer Act Add?

The remedy. Under 49 U.S.C. § 32710(a), a person who violates the odometer chapter or its regulations with intent to defraud is liable for three times the actual damages or $10,000, whichever is greater. Section 32710(b) lets the buyer sue in federal district court or any other court of competent jurisdiction, including the Vermont Superior Court, and requires an award of costs and a reasonable attorney's fee when judgment is entered for the buyer.

The federal claim requires intent to defraud. In practice, many courts have treated reckless disregard for the truth of the mileage as sufficient, and a dealer that had the history report or the prior title in its file may have a hard time arguing it didn't know. The Act is federal and reads the same for a Vermont buyer as anywhere else; our Federal Odometer Act page walks through it in more depth.

Where Does the Vermont Consumer Protection Act Come In?

As the second claim in the same complaint. Section 2461(b) of Title 9 allows a consumer who bought in reliance on a false representation to recover damages or the consideration paid, exemplary damages up to three times the value of the consideration, and reasonable attorney's fees. Both claims are pleaded together; how any overlap is handled is worked out at judgment. Our post on Vermont Consumer Protection Act claims against car dealers covers the statute in detail.

How Is a Rollback Proven?

From records the dealer does not control:

• Prior title and odometer statements. A reading that goes down between transfers is usually the core of the case.
• Inspection and history records. Vermont requires an annual inspection under 23 V.S.A. § 1222, and inspection records typically note the mileage.
• Service records. Service departments, oil-change chains, and tire shops record the odometer at every visit.
• The car itself. Engine and body control modules store mileage independently of the instrument cluster.

The dealer's own deal jacket usually contains the auction condition report or trade-in appraisal that showed the true mileage. That document, obtained in discovery, is often the intent-to-defraud evidence.

How Long Do You Have to Sue?

The Federal Odometer Act and Vermont's general civil-action statute, 12 V.S.A. § 511, each set their own deadline for a Consumer Protection Act claim, and the clock can start earlier than people expect. Which deadline applies to a particular purchase depends on the claim and the facts, and is a question for an attorney who has reviewed the documents.

What Matters if You Suspect a Rollback?

General information, not advice for your situation. Whether any step helps or hurts a claim depends on your facts, your contract, and your deadlines; an attorney can tell you which applies.

1. The paperThe title, the odometer statement or VT-005, the bill of sale, the Buyers Guide, and the ad each state a mileage figure. Those figures, side by side, are what the claim is built from.
2. The historyA vehicle history report, service records, and a photograph of the current odometer show whether the reading went backward and when.
3. The dealer's fileA dealer that learns of the problem before its file is preserved may not have the same file later. A preservation demand from counsel is typically how the deal jacket and auction records are locked down.
4. The Attorney GeneralThe Consumer Assistance Program takes odometer complaints and tracks dealer histories, though it does not award damages.
5. EvaluationDocuments submitted through the free case evaluation are reviewed by an attorney. If an attorney can assist, you'll receive an intake questionnaire and retainer agreement.

This page is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Results depend on the facts and law of each matter; prospective clients may not obtain similar results. Statutory damages described are as set by law and are before deductions for attorney's fees and costs. Sue Your Dealer – A Law Firm, Hollywood, Florida · By appointment only · (954) 321-0507.