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, shall contain:

Terms Used In Utah Code 41-1a-902

  • Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102
  • Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
  • Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
  • Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-102
  • Transferor: means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest. See Utah Code 41-1a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
(a)  the mileage disclosed by the transferor when ownership of the motor vehicle was transferred; and

(b)  a space for the information required to be disclosed under this section at the time of future transfer of ownership.

(2)  At the time of any sale or transfer of a motor vehicle, the transferor shall furnish to the transferee a written odometer disclosure statement in a form prescribed by the division. This statement 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, and identification number;

(e)  the odometer reading at the time of transfer, not including tenths of miles or tenths of kilometers;

(f) 

(i)  that to the best of the transferor’s knowledge, the odometer reading reflects the amount 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 the designed 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 reading and the actual mileage.

(3) 

(a)  Each transferee of a motor vehicle shall acknowledge receipt of the odometer disclosure statement required by Subsection (2) by signing it, and the transferor shall deliver to the transferee the original odometer disclosure statement. Both the transferor and the transferee shall 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 vehicle sold to a customer shall surrender the original odometer disclosure statement to the division and deliver a copy to the transferee.

(4)  Notwithstanding the requirements of this section, the odometer mileage need not be disclosed by a transferor of:

(a)  a single motor vehicle having a manufacturer specified gross laden weight rating of more than 16,000 pounds, or a motor vehicle registered in this state for a gross laden weight of 18,000 pounds or more;

(b)  a motor vehicle that is 20 years old or older;

(c)  a motor vehicle sold directly by the manufacturer to any agency of the United States in 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 a space for the information required, the written disclosure shall be executed as a separate document.

(6)  A person may not sign an odometer disclosure statement as both the transferor and the transferee in the same transaction.

Amended by Chapter 377, 2020 General Session

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