Effective - 28 Aug 2021, 3 histories
407.536. Odometer mileage to be shown on title, when — incorrect mileage on odometer, procedure — duties of director of revenue — falsifying odometer reading, penalty — liens on motor vehicle, release of, statement not required — power of attorney, when. — 1. Any person transferring ownership of a motor vehicle previously titled in this or any other state shall do so by assignment of title and shall place the mileage registered on the odometer at the time of transfer above the signature of the transferor. The signature of the transferor below the mileage shall constitute an odometer mileage statement. The transferee shall sign such odometer mileage statement before an application for certificate of ownership may be made. If the true mileage is known to the transferor to be different from the number of miles shown on the odometer or the true mileage is unknown, a statement from the transferor shall accompany the assignment of title which shall contain all facts known by the transferor concerning the true mileage of the motor vehicle. That statement shall become a part of the permanent record of the motor vehicle with the Missouri department of revenue. The department of revenue shall place on all new titles issued after September 28, 1977, a box titled "mileage at the time of transfer".
2. Any person transferring the ownership of a motor vehicle previously untitled in this or any other state to another person shall give an odometer mileage statement to the transferee. The statement shall include above the signature of the transferor and transferee the cumulative mileage registered on the odometer at the time of transfer. If the true mileage is known to the transferor to be different from the number of miles shown on the odometer or the true mileage is unknown, a statement from the transferor shall accompany the assignment of title which shall contain all facts known by the transferor concerning the true mileage of the motor vehicle. That statement shall become a permanent part of the records of the Missouri department of revenue.
3. If, upon receiving an application for registration or for a certificate of ownership of a motor vehicle, the director of revenue has credible evidence that the odometer reading provided by a transferor is materially inaccurate, he may place an asterisk on the face of the title document issued by the Missouri department of revenue, provided that the process required thereby does not interfere with his obligations under subdivision (2) of subsection 3 of section 301.190. The asterisk shall refer to a statement on the face and at the bottom of the title document which shall read as follows: "This may not be the true and accurate mileage of this motor vehicle. Consult the documents on file with the Missouri department of revenue for an explanation of the inaccuracy.". Nothing in this section shall prevent any person from challenging the determination by the director of revenue in the circuit courts of the state of Missouri. The burden of proof shall be on the director of the department of revenue in all such proceedings.
4. The mileage disclosed by the odometer mileage statement for a new or used motor vehicle as described in subsections 1 and 2 of this section shall be placed by the transferor on any title or document evidencing ownership. Additional statements shall be placed on the title document as follows:
(1) If the transferor states that to the best of his knowledge the mileage disclosed is the actual mileage of the motor vehicle, an asterisk shall follow the mileage on the face of the title or document of ownership issued by the Missouri department of revenue. The asterisk shall reference to a statement on the face and bottom of the title document which shall read as follows: "Actual Mileage";
(2) Where the transferor has submitted an explanation why this mileage is incorrect, an asterisk shall follow the mileage on the face of the title or document of ownership issued by the Missouri department of revenue. The asterisk shall reference to a statement on the face and at the bottom of the title document which shall read as follows: "This is not the true and accurate mileage of this motor vehicle. Consult the documents on file with the Missouri department of revenue for an explanation of the inaccuracy.". Further wording shall be included as follows:
(a) If the transferor states that the odometer reflects the amount of mileage in excess of the designed mechanical odometer limit, the above statement on the face of the title document shall be followed by the words: "Mileage exceeds the mechanical limits";
(b) If the transferor states that the odometer reading differs from the mileage and that the difference is greater than that caused by odometer calibration error and the odometer reading does not reflect the actual mileage and should not be relied upon, the above statement on the face of the title document shall be preceded by the words: "Warning Odometer Discrepancy".
5. The department of revenue shall notify all motor vehicle ownership transferees of the civil and criminal penalties involving odometer fraud.
6. Any person defacing or obscuring or otherwise falsifying any odometer reading on any document required by this section shall be guilty of a class E felony.
7. The granting or creation of a security interest or lien shall not be considered a change of ownership for the purpose of this section, and the grantor of such lien or security interest shall not be required to make an odometer mileage statement. The release of a lien by a mortgage holder shall not be considered a change of ownership of the motor vehicle for the purposes of this section. The mortgage holder or lienholder shall not be required to make an odometer disclosure statement or state the current odometer setting at the time of the release of the lien where there is no change of ownership.
8. For the purposes of the mileage disclosure requirements of this section, if a certificate of ownership is held by a lienholder, if the transferor makes application for a duplicate certificate of ownership, or as otherwise provided in the federal Motor Vehicle Information and Cost Savings Act and related federal regulations, the transferor may execute a written power of attorney authorizing a transfer of ownership. The person granted such power of attorney shall restate exactly on the assignment of title the actual mileage disclosed at the time of transfer. The power of attorney shall accompany the certificate of ownership and the original power of attorney and a copy of the certificate of ownership shall be returned to the issuing state in the manner prescribed by the director of revenue, unless otherwise provided by federal law, rule or regulation. The department of revenue may prescribe a secure document for use in executing a written power of attorney, and may allow electronic signatures on such document. The department shall collect a fee for each form issued, not to exceed the cost of procuring the form.
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(L. 1977 S.B. 180, A.L. 1983 S.B. 9, A.L. 1988 H.B. 1581, A.L. 1989 S.B. 327, A.L. 1990 H.B. 1279, A.L. 1992 H.B. 884, A.L. 2014 S.B. 491, A.L. 2021 S.B. 262)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 407 - Merchandising Practices
Section 407.005 - Digital electronic equipment definition.
Section 407.010 - Definitions.
Section 407.020 - Unlawful practices, penalty — exceptions.
Section 407.025 - Civil action to recover damages — class actions authorized, when — procedure.
Section 407.030 - Voluntary compliance, assurance made, effect of — violation, penalty.
Section 407.050 - Evidence, when and where produced.
Section 407.070 - Petition to extend return date, when and where filed.
Section 407.105 - Receiver, powers and duties of.
Section 407.110 - Violation of injunction or restitution order, civil penalty.
Section 407.120 - Provisions of this chapter no bar to other civil actions.
Section 407.125 - Chapter not limitation for commissioner of securities.
Section 407.130 - Assessment of court costs.
Section 407.145 - Rulemaking, authority, limitation.
Section 407.200 - Unsolicited merchandise, how disposed of.
Section 407.315 - American Indian art or craft, no sale unless authentic — penalty.
Section 407.325 - Definitions.
Section 407.330 - Contracts, in writing, required provisions — buyer's right to cancel.
Section 407.334 - Contracts, signed by buyer — duration limit — voidable, when — waiver void, when.
Section 407.335 - Holder of contract or note subject to claims and defenses, notice.
Section 407.337 - Assignment of contract, buyer's rights.
Section 407.350 - Definitions.
Section 407.400 - Definitions.
Section 407.415 - Attorney general may obtain injunction, when — bond not required.
Section 407.420 - Penalty — duty to enforce — jurisdiction of attorney general.
Section 407.430 - Citation of law.
Section 407.431 - Attorney general, authority to enforce.
Section 407.432 - Definitions.
Section 407.435 - Card scanner, illegal use of — penalty.
Section 407.436 - Defacing a credit card reader, offense of, penalty.
Section 407.450 - Short title.
Section 407.453 - Definitions.
Section 407.456 - Registration and reports, who shall file, exceptions.
Section 407.466 - Registration by fund-raisers — form — oath — fees.
Section 407.469 - Disclosure of fund-raising costs and use of professional fund-raiser.
Section 407.475 - No additional annual filing or reporting requirements, when — inapplicability.
Section 407.511 - Definitions.
Section 407.516 - Odometer fraud, first degree, penalty.
Section 407.521 - Odometer fraud, second degree, penalty.
Section 407.526 - Odometer fraud, third degree, penalty.
Section 407.542 - Attempt to commit odometer fraud in first or second degree, penalties.
Section 407.543 - Conspiracy to commit odometer fraud in first or second degree, penalty.
Section 407.544 - Prior convictions for odometer frauds, court may increase sentence, penalties.
Section 407.546 - Civil damages for odometer violations — venue.
Section 407.551 - Injunction — action may include suspension or revocation of license.
Section 407.553 - Attorney general or prosecutor to handle actions for violations, exception.
Section 407.560 - Definitions.
Section 407.563 - Law applicable to breach of new motor vehicles warranties.
Section 407.569 - Affirmative defenses.
Section 407.571 - Presumptions of nonconformity — exception.
Section 407.575 - Manufacturer with approved settlement procedure, consumer's duty.
Section 407.577 - Court action by consumer, costs, expenses, attorney's fees, how paid.
Section 407.579 - Consumer's right to other remedies — law to apply, when.
Section 407.583 - Warranty repairs, labor cost compensation to dealer.
Section 407.585 - Definitions.
Section 407.589 - Affirmative defenses.
Section 407.600 - Definitions.
Section 407.630 - Violation of regulations — penalty.
Section 407.635 - Definitions.
Section 407.637 - Credit service organization — exemptions.
Section 407.638 - Prohibited activities.
Section 407.640 - Registration statements, filing, contents, fee.
Section 407.641 - Contract, writing, contents.
Section 407.642 - Contract requirements, cancellation clause.
Section 407.643 - Waiver of buyer's rights void.
Section 407.644 - Actions — damages — penalties.
Section 407.660 - Citation of law.
Section 407.661 - Definitions.
Section 407.663 - Advertisements, requirements.
Section 407.664 - Reinstatement of agreement, when, conditions.
Section 407.670 - Citation of law.
Section 407.671 - Definitions.
Section 407.672 - Cancellation of membership.
Section 407.673 - Contract, requirements, right to cancel.
Section 407.675 - Duration of contract, renewal, terms and limitations.
Section 407.676 - Law not applicable, when.
Section 407.677 - Unlawful practices.
Section 407.678 - Waivers, unenforceable.
Section 407.679 - Violations, penalty — penalty not a bar to civil action.
Section 407.700 - Home solicitation sale defined.
Section 407.710 - Agreement of sale, required statement, exception.
Section 407.715 - Duties of seller after cancellation.
Section 407.720 - Duties of seller after cancellation — lien of buyer, when.
Section 407.730 - Definitions.
Section 407.738 - Actions, unlawful subleasing, who may bring — definitions.
Section 407.742 - Unlawful subleasing, elements of crime.
Section 407.745 - Assignment or transfer of motor vehicle, not unlawful subleasing, when.
Section 407.748 - Violations are unlawful merchandising practices — remedies not exclusive.
Section 407.754 - How to apply to successors in interest — successor in interest defined.
Section 407.755 - Action for damages and costs by retailer for violations — remedy not exclusive.
Section 407.756 - Law, applicability to existing and future contracts.
Section 407.800 - Going-out-of-business sales, requirements, limitations, extension — exceptions.
Section 407.810 - Citation of law.
Section 407.811 - Public policy statement.
Section 407.812 - Compliance with act required — applicability of act.
Section 407.815 - Definitions.
Section 407.817 - Establishment or transfer of an existing franchise, procedures for franchisor.
Section 407.818 - License required.
Section 407.824 - Facility improvements and other changes not required by franchisee, when.
Section 407.825 - Unlawful practices.
Section 407.830 - Franchisor's defenses against action by franchisee.
Section 407.831 - Indemnification and hold harmless requirements.
Section 407.832 - False advertising, prohibition.
Section 407.838 - Definitions.
Section 407.844 - Farm equipment manufacturers, certain acts prohibited.
Section 407.846 - Law applicable to dealer's agreements, when.
Section 407.848 - Damages in civil action or injunction for dealer against manufacturer, when.
Section 407.850 - Definitions.
Section 407.870 - Inventory which does not qualify for repurchase.
Section 407.875 - Liability for failure to repurchase inventory.
Section 407.885 - Application to existing contracts and future contracts.
Section 407.900 - Definitions.
Section 407.904 - Consignment, effect.
Section 407.907 - Waiver of proceeds in trust by artist, requirements.
Section 407.908 - Contracts, prior to August 13, 1984, not affected, exceptions.
Section 407.910 - Violations — punitive damage and costs authorized.
Section 407.911 - Definitions.
Section 407.925 - Definitions.
Section 407.928 - Restrictions on sales of individual packs of cigarettes.
Section 407.932 - Political subdivisions may make more stringent rules.
Section 407.935 - Definitions.
Section 407.940 - Foreclosure consultants, unlawful acts — penalty.
Section 407.941 - Waiver, void — penalty.
Section 407.950 - Definitions.
Section 407.953 - Warranty express or implied, one year required.
Section 407.955 - Nonconformity of assistive device to be repaired at no cost.
Section 407.957 - Nonconformity not repaired within reasonable time, options of consumer.
Section 407.959 - Lease, early termination — reasonable allowance for use, how computed.
Section 407.963 - Resale or lease of returned device, full disclosure required.
Section 407.967 - Action for damages, attorney's fees and costs may be brought by consumer.
Section 407.970 - Rules, procedure to adopt — suspension or revocation of rules, procedure.
Section 407.1025 - Definitions.
Section 407.1028 - Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses.
Section 407.1037 - Location of dealerships in City of St. Louis.
Section 407.1040 - License approval in metropolitan areas, minorities.
Section 407.1046 - False advertising prohibited.
Section 407.1049 - Civil action, remedies.
Section 407.1060 - Definitions.
Section 407.1062 - Structured settlement payment transfers, requirements.
Section 407.1064 - Approval by court, notice.
Section 407.1066 - Right to rescind — limitation of liability — limitation of jurisdiction.
Section 407.1068 - Application of law.
Section 407.1070 - Definitions.
Section 407.1073 - Telemarketers, required disclosures — misrepresentations prohibited.
Section 407.1076 - Unlawful telemarketing acts or practices.
Section 407.1079 - Telemarketers required to keep certain records.
Section 407.1082 - Penalties — criminal penalties — civil damages.
Section 407.1085 - Exemptions — attorney general to receive complaints.
Section 407.1090 - Required disclosures for entities soliciting contributions.
Section 407.1095 - Definitions.
Section 407.1098 - Telephone solicitation of member on no-call list prohibited.
Section 407.1120 - Definitions.
Section 407.1135 - Definitions.
Section 407.1138 - Prohibited acts — rulemaking authority, attorney general.
Section 407.1240 - Definitions.
Section 407.1246 - Renewal of registration, procedure, fee.
Section 407.1249 - Right to rescind and cancel, time period allowed.
Section 407.1252 - Complaint procedure — violations, remedy.
Section 407.1320 - Definitions.
Section 407.1326 - Termination notice, requirements, contents.
Section 407.1329 - Repurchase upon termination of agreement.
Section 407.1332 - Change in ownership, notice — rejection of change, notice.
Section 407.1335 - Succession in dealerships, conditions, restrictions and prohibitions.
Section 407.1340 - Violation of dealer agreement.
Section 407.1346 - New RV dealership, restrictions on operation or ownership by a manufacturer.
Section 407.1355 - Social Security numbers, prohibited actions involving.
Section 407.1360 - Definitions.
Section 407.1362 - Dealership agreements, good cause needed to terminate or cancel.
Section 407.1364 - Notice of termination or cancellation, contents.
Section 407.1366 - Change in ownership, notice required.
Section 407.1368 - Repurchase required, when.
Section 407.1370 - Applicability.
Section 407.1380 - Definitions.
Section 407.1384 - Agency liability for failure to comply, damages and equitable relief.
Section 407.1385 - Processing of applications for credit — effect of security freeze.
Section 407.1400 - Processing services agreements, required disclosures — inapplicability, when.
Section 407.1610 - Speculative accumulation of asphalt shingles prohibited.