Section 154.04. Odometer disclosure for transferors and transferees.

 

(1)   Transferor to disclose mileage to transferee. When transferring ownership of a motor vehicle, each transferor shall disclose the vehicle's mileage to the transferee in writing in the designated spaces on a conforming title, on a separate conforming odometer disclosure statement which has been issued or approved by the department as prescribed in s. Trans 154.03 , or on the conforming power of attorney form as prescribed in s. Trans 154.11 . The completed odometer disclosure shall be delivered by the transferor to the transferee at the time ownership of the motor vehicle is transferred.

(2)   Required odometer disclosure information. The written odometer disclosure shall include all of the following:

(a) The odometer reading at the time of transfer, not including tenths of miles. The transferor shall certify the odometer reading as one of the following:

1. If, to the best of the transferor's knowledge, the odometer reading reflects the actual mileage, the transferor shall include a certification to that effect.

2. If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the transferor shall include a certification to that effect.

3. If the transferor knows that the odometer reading differs from the vehicle's mileage and that the difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

4. If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the transferor shall indicate in the spaces designated for the odometer reading on a conforming odometer statement a reading of 0 (zero) or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

(b) The date of the transfer.

(c) The transferor's name and current address.

(d) The transferee's name and current address.

(e) The description of the vehicle, including its make, model, year, body type and its vehicle identification number.

(3)   Reference to federal and state requirements and penalties. The disclosure statement shall state that the disclosure is required by federal and state law and that failure to complete the disclosure statement or providing false information may result in fines or imprisonment, or both, and may make the transferor liable for damages to the transferee.

(4)   Transferor's signature and printed name required. The disclosure statement shall be signed by the transferor and include the transferor's printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

(5)   Transferee's signature and printed name required. The disclosure statement shall be signed by the transferee and include the transferee's printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

(6)   Prohibition against same person signing as transferor and transferee. Except as provided in ss. Trans 154.10 and 154.11 , no person may sign an odometer disclosure statement as both the transferor and transferee in the same transaction.

History: Cr. Register, January, 1996, No. 481 , eff. 2-1-96.