61-3-206. Odometer disclosure requirements on transfer of vehicle -- dealer to preserve record. - Montana Statutes

     61-3-206. Odometer disclosure requirements on transfer of vehicle -- dealer to preserve record. (1) Except as provided in subsection (3), before executing any transfer of ownership document relating to a motor vehicle, each seller of a motor vehicle shall record on the certificate of title the odometer reading at the time of transfer or, if the certificate of title does not provide for the recording of the odometer reading, furnish to the purchaser a written statement that is signed by the seller, who shall also print the seller's name on the written statement, and that contains the following information:
     (a) the odometer reading at the time of transfer;
     (b) the date of transfer;
     (c) the seller's name and current address;
     (d) the purchaser's name and current address;
     (e) the motor vehicle year, make, model, body style, and identification number;
     (f) one of the following statements or certification:
     (i) a certification by the seller that, to the best of the seller's knowledge, the odometer reading reflects the actual miles or kilometers the vehicle has been driven;
     (ii) if the seller knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit of 99,999 miles or kilometers, the seller shall include a statement to that effect; or
     (iii) if the seller knows that the odometer reading differs from the number of miles or kilometers the motor vehicle has actually traveled and that the difference is greater than that caused by odometer calibration error, the seller shall include a statement that the odometer reading is not the actual mileage and should not be relied upon.
     (2) The purchaser shall acknowledge receipt of the disclosure statement by signing it and printing the purchaser's name on the disclosure statement.
     (3) The seller of the following types of motor vehicles need not disclose the odometer reading of the vehicle as required in subsection (1):
     (a) a motor vehicle that is 10 years old or older;
     (b) a vehicle, trailer, semitrailer, pole trailer, travel trailer, camper, or sailboat that is not self-propelled;
     (c) a new motor vehicle transferred between dealers or wholesalers prior to its first retail sale, unless the motor vehicle has been used as a demonstrator;
     (d) a motor vehicle having a gross weight rating of more than 16,000 pounds; or
     (e) a motor vehicle sold directly by the manufacturer to an agency of the United States.
     (4) A dealer, an auto auction, or a wholesaler licensed under chapter 4 of this title shall create a record of the information required in subsection (1) and shall maintain and preserve that record for at least 5 years after the date of sale of the motor vehicle to which the information pertains.

     History: En. Sec. 2, Ch. 324, L. 1985; amd. Sec. 1, Ch. 23, L. 1989; amd. Sec. 12, Ch. 383, L. 1991; amd. Sec. 5, Ch. 724, L. 1991; amd. Sec. 14, Ch. 409, L. 1999; amd. Sec. 54, Ch. 477, L. 2003; amd. Sec. 51, Ch. 542, L. 2005; amd. Sec. 20, Ch. 329, L. 2007.