(1) Prior to sale of a vehicle rebuilt from salvage to a prospective purchaser for the purpose of selling or transferring ownership of such vehicle, the owner shall prepare a disclosure affidavit stating that the vehicle was rebuilt from salvage. The disclosure affidavit shall also contain a statement of the owner stating the nature of the damage which resulted in the determination that the vehicle is a salvage vehicle. The words "rebuilt from salvage" shall appear in bold print at the top of each such affidavit.
(2) Any person who sells a vehicle rebuilt from salvage for the purpose of transferring ownership of such vehicle shall:
Provide a copy of a disclosure affidavit prepared in accordance with the provisions ofsubsection (1) of this section to each prospective purchaser; and
Obtain a signed statement from each such purchaser clearly stating that the purchaserhas received a copy of the disclosure affidavit and has read and understands the provisions contained therein.
(a) Any person who purchases a vehicle rebuilt from salvage who was not provided with a copy of a disclosure affidavit prepared in accordance with the provisions of subsection (1) of this section and who, subsequent to sale, discovers that the vehicle purchased was rebuilt from salvage shall be entitled to a full and immediate refund of the purchase price from the prior owner.
(b) In the event a person is entitled to a refund under this subsection (3), the prior owner shall be required to make an immediate refund of the full purchase price to the purchaser. A signed statement from the purchaser prepared in accordance with the provisions of paragraph (b) of subsection (2) of this section shall relieve the prior owner of the obligation to make such refund.
Any owner, seller, or transferor of a vehicle rebuilt from salvage who fails to complywith the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine for a first offense not to exceed one thousand five hundred dollars and a fine of five thousand dollars for each subsequent offense.
The executive director of the department of revenue shall prescribe rules and regulations for the purpose of implementing the provisions of this section.
As used in this section, unless the context otherwise requires:
"Sale" means any sale or transfer of a vehicle rebuilt from salvage.
"Salvage vehicle" shall have the same meaning as set forth in section 42-6-102 (17).
Source: L. 94: Entire title amended with relocations, p. 2472, § 1, effective January 1, 1995. L. 2009: (6)(b) amended, (SB 09-292), ch. 369, p. 1984, § 128, effective August 5.
Editor's note: This section is similar to former § 42-6-210 as it existed prior to 1994, and the former § 42-6-206 was relocated to § 42-6-202.