Or. Admin. Code § 735-028-0050

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-028-0050 - Odometer Disclosure Requirements Upon Transfer of Interest - When and from Whom Required

(1) The term "transfer" means any change of interest in a vehicle, whether by purchase, gift or any other means. The term applies, unless otherwise exempt, to vehicles:

(a) That have never been titled;

(b) That are titled in another jurisdiction;

(c) That have been issued any form of title (e.g., salvage title, certificate of title);

(d) That are new;

(e) That are of original construction, or have been rebuilt, reconstructed or assembled; and

(f) Whether or not transfer is recorded with the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV).

(2) A transfer, as defined in section (1) of this rule, does not include:

(a) Changes in interest that are specifically exempt from odometer disclosure under ORS 803.102 or OAR 735-028-0010;

(b) Changes in interest if at least one of the owners is remaining the same (e.g., where a co-registered owner is being added or deleted); or

(c) A change in interest due solely to the creation, release or assignment of a security interest.

(3) Upon transfer of interest in a vehicle subject to odometer disclosure:

(a) The seller shall make a written odometer disclosure that contains all of the following:

(A) The odometer reading at the time of transfer, excluding tenths of a mile or kilometer;

(B) The date of transfer;

(C) The printed name and current address of the seller. If the seller is a business, the printed name of both the business and the printed name of the person signing for the business shall be included;

(D) The printed name and current address of the buyer. If the buyer is a business, the printed name of both the business and the printed name of the person signing for the business shall be included;

(E) The vehicle identifiers, including make, model, year, body type, and vehicle identification number;

(F) A certification whether, to the best of the seller's knowledge, the odometer reading reflects the actual mileage, is in excess of the designed mechanical odometer limit, or does not reflect the actual mileage;

(G) The signature of the seller.

(b) The buyer shall:

(A) Sign the seller's disclosure; and

(B) Return a copy to the seller.

(4) If a conforming title has been issued for the vehicle:

(a) The disclosure from the seller in whose name the title or salvage title was issued shall be made on the actual title or salvage title;

(b) Disclosures from other parties (e.g., dealer reassignments) may be made on the title or on separate secure reassignment forms.

(5) If a nonconforming title has been issued for the vehicle, or the vehicle has never been titled but is not covered by a Manufacturer's Certificate of Origin, disclosures shall be made on forms:

(a) Issued by the Oregon DMV, or the equivalent agency in another state which may include photocopies, facsimile copies, digitized copies or other reproductions of blank state forms other than secure forms;

(b) That contain all of the information required under section (3) of this rule; and

(c) That may be, but shall not be required to be, secure forms.

(6) If the vehicle is covered by a Manufacturer's Certificate of Origin and a disclosure is required, it shall be made either:

(a) On the certificate of origin, that contains spaces for all the information required under section (3) of this rule; or

(b) On a disclosure form that contains all the information required under section (3) of this rule.

(7) If the transfer involves more than one seller (e.g., co-owners selling a vehicle), only one seller shall be required to sign the odometer disclosure.

(8) All of the following apply to leased vehicles that are otherwise subject to odometer disclosures upon transfer of interest:

(a) When the lessor is the seller, the lessor shall make the disclosure required of the seller. A lessor who transfers a leased vehicle without obtaining possession of it may, when making the odometer disclosure statement required from the seller, rely upon the mileage disclosed by the lessee to the lessor, as required by federal rules;

(b) When the lessee is the seller (i.e., the lessee acquired the vehicle under lease purchase and subsequently sells the vehicle), the lessee shall make the disclosure required of the seller;

(c) The lessee may acknowledge as purchaser the disclosure made by the seller, if the lessee is to be shown as the owner on the Oregon title.

(9) In the case of a transfer of interest by operation of law:

(a) If the owner whose interest is transferred would otherwise be required to complete an odometer disclosure, the person required to make the disclosure shall be:

(A) The person who transferred that owner's interest, if that person has possession of or reasonable access to the vehicle (e.g., a sheriff or tow company); or

(B) The buyer, if the person who transferred that owner's interest did not have possession or reasonable access to the vehicle (e.g., a court or bankruptcy judge).

(b) The disclosure shall be made on:

(A) The title for the vehicle, if the title is a conforming title and is available; or

(B) On a disclosure form issued by DMV, or some other state, if the title is a nonconforming title or if the title is not available, and ownership is being transferred without the title as allowed under Oregon law.

(10) A buyer or a seller may appoint an attorney in fact for purposes of odometer disclosure. Provisions covering the use of a power of attorney for odometer disclosure are as provided in OAR 735-028-0060 through 735-028-0080.

(11) When application for title or salvage title is required to be made, or is made on a vehicle subject to odometer disclosure under this rule, the required disclosure shall be submitted to DMV with the application for title or salvage title along with any other requirements.

(12) Dealers required to provide notice of purchase of a vehicle to DMV under ORS 803.105, shall not be required to include an odometer disclosure with the notice. This section, however, does not exempt dealers from obtaining or providing odometer disclosures, or from maintaining odometer disclosure records for vehicles they acquire or sell.

Or. Admin. Code § 735-028-0050

MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

Stat. Auth.: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060, 821.080 & Ch. 873, OL 1991

Stats. Implemented: ORS 803.102 & 49 CFR Part 580