41-1a-902 - Odometer disclosure statement -- Contents -- Receipt -- Exceptions.
41-1a-902. Odometer disclosure statement -- Contents -- Receipt -- Exceptions.
(1) Each motor vehicle certificate of title, at the time it is issued to the transferee, shallcontain:
(a) the mileage disclosed by the transferor when ownership of the motor vehicle wastransferred; and
(b) a space for the information required to be disclosed under this section at the time offuture transfer of ownership.
(2) At the time of any sale or transfer of a motor vehicle, the transferor shall furnish tothe transferee a written odometer disclosure statement in a form prescribed by the division. Thisstatement shall be signed and certified as to its truthfulness by the transferor, stating:
(a) the date of transfer;
(b) the transferor's name and address;
(c) the transferee's name and address;
(d) the identity of the motor vehicle, including its make, model, year, body type, andidentification number;
(e) the odometer reading at the time of transfer, not including tenths of miles or tenths ofkilometers;
(f) (i) that to the best of the transferor's knowledge, the odometer reading reflects theamount of miles or kilometers the motor vehicle has actually been driven;
(ii) that the odometer reading reflects the amount of miles or kilometers in excess of thedesigned mechanical odometer limit; or
(iii) that the odometer reading is not the actual amount of miles or kilometers; and
(g) a warning to alert the transferee if a discrepancy exists between the odometer readingand the actual mileage.
(3) (a) Each transferee of a motor vehicle shall acknowledge receipt of the odometerdisclosure statement required by Subsection (2) by signing it, and the transferor shall deliver tothe transferee the original odometer disclosure statement. Both the transferor and the transfereeshall retain a legible copy of the odometer disclosure statement for not less than four years.
(b) A dealer who is required under Section 41-3-301 to title and register a motor vehiclesold to a customer shall surrender the original odometer disclosure statement to the division anddeliver a copy to the transferee.
(4) Notwithstanding the requirements of this section, the odometer mileage need not bedisclosed by a transferor of:
(a) a single motor vehicle having a manufacturer specified gross laden weight rating ofmore than 16,000 pounds, or a motor vehicle registered in this state for a gross laden weight of18,000 pounds or more;
(b) a motor vehicle that is 10 years old or older;
(c) a motor vehicle sold directly by the manufacturer to any agency of the United Statesin conformity with contractual specifications; or
(d) a new motor vehicle prior to its first transfer for purposes other than resale.
(5) If the motor vehicle has not been titled or if the certificate of title does not contain aspace for the information required, the written disclosure shall be executed as a separatedocument.
(6) A person may not sign an odometer disclosure statement as both the transferor andthe transferee in the same transaction.
Renumbered and Amended by Chapter 1, 1992 General Session
Amended by Chapter 234, 1992 General Session