Superseded 1/1/2027

479 words·~2 min read·/ut/title-41/chapter-1a/1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

Superseded 1/1/2027

41-1a-1004. Certificate of title -- Salvage vehicles -- Buyer notification of salvage or total loss vehicle.

(1)If the division is able to ascertain the fact, at the time application is made for initial registration or transfer of ownership of a salvage vehicle, the title shall be branded:

(a)rebuilt and restored to operation;

(b)in a flood and restored to operation; or

(c)not restored to operation.

(i)Except as provided in Subsection (2)(b) , before the sale of a vehicle for which a salvage certificate or branded title has been knowingly issued or knowingly declared a total loss by an insurance company, the seller shall provide the prospective purchaser with written notification that a salvage certificate or a branded title has been issued for the vehicle.

(ii)If the vehicle is a salvage vehicle or if the vehicle has been declared a total loss by an insurance company, the notification shall be as required in Section 41-1a-1005.3 .

(b)The requirement to provide written notification under Subsection (2)(a) does not apply if:

(i)the prospective purchaser, motor vehicle auction, or seller is:

(A)a licensed motor vehicle dealer whose primary business is auctioning salvage motor vehicles to licensed salvage vehicle buyers; or

(B)an insurance company, if the sale of the vehicle is the result of a total loss settlement; or

(ii)the vehicle has been stolen, recovered, and declared a total loss by an insurance company but does not meet the definition of a salvage vehicle.

(a)An advertisement for the sale of a vehicle for which a salvage certificate or branded title has been issued shall disclose that a salvage certificate or branded title has been issued for the vehicle.

(i)Except as provided in Subsection (3)(b)(ii) , an advertisement for a vehicle declared a total loss by an insurance company shall disclose that the vehicle has been declared a total loss by an insurance company.

(ii)A vehicle that has been stolen, recovered, and declared a total loss by an insurance company but does not meet the definition of a salvage vehicle is exempted from the advertising requirement described in Subsection (3)(b)(i) .

(iii)Subsections (3)(a) , (3)(b)(i) , and (3)(b)(ii) do not apply to a motor vehicle auction or a consigner to a motor vehicle auction if no disclosure is required under Section 41-1a-1005.3 .

(c)The advertisement disclosure under Subsection (3)(a) or (b)(i) shall:

(i)be displayed at least as prominently as the description of the advertised vehicle is displayed; and

(ii)if a salvage certificate or branded title has been issued or the vehicle has been declared a total loss by an insurance company:

(A)use the words "salvage certificate" or "branded title" in the advertisement; or

(B)use the words "insurer declared total loss."

Amended by Chapter 267 , 2020 General Session