(1)
When is an odometer disclosure
statement required? An odometer disclosure statement is required on all
transfers of ownership as required by RCW 46.12.124 and
Title
49 of the Code of Federal
Regulations (C.F.R.), unless specifically exempted.
(2)
What odometer disclosure statement
forms will the department accept? The department will accept odometer
disclosure statement forms that comply with the Federal Truth in Mileage Act of
1986,
Title 49 C.F.R., and
RCW 46.12.124.
|
Note:
|
An odometer power of attorney used in compliance with
Part 580, Title 49 of the Code
of Federal Regulations (C.F.R.) is acceptable, and will not violate the
intention of this rule.
|
(3)
When is an odometer disclosure/title extension statement used? An
odometer disclosure/title extension statement is a form used:
(a) With a certificate of ownership when an
odometer disclosure statement is required; and
(b) If all reassignments on the certificate
of ownership are full; or
(c) If
the certificate of ownership is unavailable.
(4)
What are the odometer disclosure
requirements for dealer transactions? Dealers are required to obtain an
odometer disclosure statement from the selling owner (transferor), and
acknowledge the disclosure as transferee, when taking a vehicle in on trade,
purchase, or otherwise acquiring a vehicle. Dealers must complete an odometer
disclosure statement as transferor when selling a vehicle either wholesale or
retail.
(5)
What are the
odometer disclosure requirements for vehicles sold through an auction
company? The seller/consignor completes an odometer disclosure statement
as transferor and the successful bidder/buyer acknowledges the disclosure as
transferee.
(6)
How long must
dealers and auction companies maintain odometer disclosure statement
records? Dealers and auction companies must keep odometer disclosure
statement records for five years.
(7)
What are the odometer disclosure
requirements for leased vehicles? Odometer disclosure is required when
establishing, terminating, or buying out a lease.
(a) When establishing a lease, the lessor
must complete an odometer disclosure statement as transferor, and the lessee
must acknowledge the disclosure as transferee.
(b) When terminating or buying out a lease,
the lessee must complete an odometer disclosure statement as transferor, and
the lessor must acknowledge the disclosure as transferee. Prior to the
termination of the lease or any transfer of ownership, the lessor must notify
the lessee in writing that the lessee must provide an odometer disclosure
statement to the lessor.
(c) Only
the former lessee needs to submit a completed odometer disclosure statement
with an application for certificate of ownership following a lease buyout. The
former lessee must complete the odometer disclosure statement as transferee. No
transferor signature is required.
(8)
May a power of attorney be used to
complete an odometer disclosure statement? Yes, with the following
restrictions:
(a) The transferor cannot
authorize or give power of attorney to the transferee or dealer to complete the
odometer disclosure statement.
(b)
The transferee cannot authorize or give power of attorney to the transferor or
dealer to complete the odometer disclosure statement.
(c) No person may sign an odometer disclosure
statement as both the transferor and transferee in the same transaction.
|
Note:
|
An odometer power of attorney used in compliance with
Part 580, Title 49 of the Code
of Federal Regulations (C.F.R.) is acceptable, and will not violate the
intention of this rule.
|
(9)
Is an odometer disclosure statement
required when involuntary divestiture occurs? Yes. The seller, although
not the owner of record, must complete an odometer disclosure statement as
transferor, and the buyer must acknowledge the disclosure as transferee. The
department may approve disclosure by the transferee only in extenuating
circumstances.
