Odometer Error on Bill of Sale: Can You Still Register Your Car in California?

When purchasing a used car, ensuring the vehicle's odometer reflects the true distance traveled is crucial for both the buyer and the seller. However, what happens if the mileage on the bill of sale is incorrect? This article provides a comprehensive guide on how to handle such a situation and the implications of this error when you wish to register your car in California.

The Importance of Accurate Mileage on the Title

The miles recorded on the title of a vehicle are significant, as they establish the condition and value of the car. In California, if the mileage on the bill of sale is incorrect, you must take specific actions to rectify the situation. Any discrepancy might require a statement of facts form to be filled out, explaining the error. If you fail to do so, your title will be marked as 'not actual mileage.'

Do Not Register Private Property with the DMV

It is illegal to register personal property with the DMV or exchange a private bill of sale for a DMV title. This action implies that the state has obtained authority to impound your vehicle without a warrant, which is a violation of your rights under the 4th Amendment of the Constitution. If the police stop you while you are driving your car, and the title indicates a DMV registration, they are also committing a violation of your civil rights. In such a case, legal recourse can be taken through federal court.

What to Do if the Mileage is Incorrect

1. Dealer Purchase: If you purchased the car from a dealer, the title transfer and registration are typically handled through the dealership. In such cases, they should correct any error on the mileage automatically.

2. Private Party Sale: If the car was purchased from a private party, the process might vary. A small discrepancy of a few hundred miles is usually not a major issue. However, if the discrepancy is significant (e.g., thousands of miles), you will need to provide an explanation to the DMV and potentially file a statement of facts form.

3. Odometer Tampering: If you suspect that the odometer has been tampered with, it is essential to report this at the time of registering the car and transferring the title. This could have serious legal implications.

Legal Provisions and Documentation

California provides a provision to indicate that the odometer information is not accurate. This does not prevent you from registering the car, but it is advisable to follow the necessary legal procedures to avoid any legal complications in the future.

For a smoother and more accurate registration process, it is crucial to ensure that all information on the bill of sale and the title is correct. Any discrepancies could lead to delays or issues during the registration of your vehicle.

In summary, if the odometer on your bill of sale is incorrect, you can still register your car in California. However, the steps you take to rectify the error will significantly impact the process. Taking proactive and legal steps to address the issue will help you ensure a smoother registration experience.