“(6) A person shall not alter, set back, or disconnect an odometer; cause or allow an odometer to be altered, set back, or disconnected; or advertise for sale, sell, use, install, or cause or allow to be installed a device which causes an odometer to register other than the actual mileage driven. This subsection does not prohibit the service, repair, or replacement of an odometer if the mileage indicated on the odometer remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same mileage as before the service, repair, or replacement, the odometer must be adjusted to read zero and a notice in writing must be attached to the left door frame of the vehicle by the owner or the owner’s agent specifying the mileage prior to service, repair, or replacement of the odometer and the date on which it was serviced, repaired or replaced. A person shall not remove, deface, or alter any notice affixed to a motor vehicle under this subsection.
(7) A person who violates subsection (6) is guilty of a felony.” MCL 257.233a(6)-(7).
MCL 257.902 provides the following penalties:
•imprisonment for not less than one year or more than five years; or
•fine of not less than $500 or more than $5,000; or
•both.
•Applicability
The odometer statute also applies to a new or used vehicle dealer, a lessor of a leased vehicle, and an auction dealer or vehicle salvage pool operator. See MCL 257.233a(11)-(13).
•Required intent
“[T]he odometer statute in Michigan does not require the intent to defraud . . . . The main purpose behind the odometer statute is to protect a buyer from being defrauded by a seller who fraudulently turns back the odometer.” People v Houseman, 128 Mich App 17, 22 (1983) (footnote and citations omitted).
•Civil liability
MCL 257.233a(15) governs the civil liability of a person who, with intent to defraud, violates MCL 257.233a(6). The person is liable in an amount equal to three times the amount of actual damages sustained or $1,500, whichever is greater, plus costs and reasonable attorney fees in the case of a successful recovery of damages. MCL 257.233a(15).