41-3-408 - Resale of buyback or nonconforming vehicles -- Disclosure statements.
41-3-408. Resale of buyback or nonconforming vehicles -- Disclosure statements.
(1) (a) A motor vehicle may not be offered, auctioned, sold, leased, transferred, orexchanged by a manufacturer or dealer with the knowledge that it is a buyback vehicle or anonconforming vehicle without prior written disclosure in a clear and conspicuous manner, inaccordance with this section.
(b) This section also applies to buyback vehicles or nonconforming vehicles originallyreturned to a manufacturer or its agent in another state and subsequently resold, leased, or offeredor displayed for resale or lease in this state.
(c) An owner of a motor vehicle who is not a manufacturer or dealer, but who has beengiven information as required by Subsection (1)(a) or (b) shall give the information, in writing, toany prospective purchaser of the vehicle.
(2) (a) The following disclosure language shall be contained in each contract for the saleor lease of a buyback vehicle or a nonconforming vehicle to a consumer or shall be contained in aform affixed to a contract, lease, bill of sale, or any other document that transfers title:
Vehicle Identification Number (VIN):
Year: Make: Model:
Prior Title Number: State of Title:
Odometer Reading:
This is a used motor vehicle. It was previously returned to the manufacturer or its agentin exchange for a replacement motor vehicle or a refund because it was alleged or found to havethe following nonconformities:
1.
2.
3.
4.
5.
____________________________________
(Buyer's Signature) Date"
(b) The text of the disclosure shall be printed in 12 point boldface type except theheading, which shall be in 16 point extra boldface type.
(c) The entire notice shall be boxed.
(d) Each nonconformity shall be listed separately on a numbered line.
(e) A seller must obtain the consumer's acknowledgment of this written disclosure priorto completing a sale, lease, or other transfer of title as evidenced by the consumer's signaturewithin the box containing the disclosure.
(f) Within 30 days after the sale, lease, or other transfer of title of a nonconformingvehicle, the seller shall deliver to the Motor Vehicle Division a copy of the signed writtendisclosure required for the sale, lease, or other transfer of title of the nonconforming vehicle. TheMotor Vehicle Division shall include the disclosure in the nonconforming vehicle's records.
(3) (a) There shall be affixed to the lower corner of the windshield furthest removed fromthe driver's side of a nonconforming vehicle, a disclosure statement form which shall be readilyvisible from the exterior of the vehicle. The form shall be in the following configuration and
shall state:
Vehicle Identification Number (VIN):
Year: ____________ Make: ____________ Model:
Prior Title Number: ____________ State of Title:
Odometer Reading:
Warning: This motor vehicle was previously sold as new. It was subsequently alleged or foundto have the following defect(s), malfunction(s), or conditions:
1.
2.
3.
4.
5.
(b) The disclosure statement shall be at least 4-1/2 inches wide and 5 inches long.
(c) The heading shall be boldface type in capital letters not smaller than 18 point in sizeand the body copy shall be regular or medium face type not smaller than 12 point in size.
(d) Each nonconformity shall be listed separately on a numbered line.
(e) The motor vehicle and title identification information must be inserted in the spacesprovided.
Amended by Chapter 306, 2007 General Session