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In the realm of vehicle transactions within Utah, the TC-891 form stands as a pivotal document, bearing immense legal weight and procedural significance. Officially termed the Utah State Tax Commission Odometer Disclosure Statement, its latest iteration, Rev. 11/12, underscores the state's vigilance over the accuracy of odometer readings during the transfer of vehicle ownership. This form, accessible through both physical offices and the streamlined convenience of the internet, heralds a clear-cut pathway for both transferor and transferee to declare the vehicle's mileage accurately. It not only amplifies transparency in vehicle transactions but also adheres to stringent federal and state legal frameworks aimed at curbing odometer fraud. The structured sections demand thorough input on the transferor and transferee's details, the vehicle in question, and, crucially, the odometer reading which the transferor certifies as either true, exceeding mechanical limits, or not reflective of the actual mileage. Such a declaration, accompanied by the obligatory signatures, encapsulates a commitment to honesty while cautioning against the stipulated penalties—ranging from fines to imprisonment—for discrepancies. Moreover, the mandate that both parties retain a copy of this declaration for a minimum of four years fortifies its importance in safeguarding both buyer and seller, thereby ensuring a more transparent and trustworthy vehicle transaction environment within Utah.

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Utah State Tax Commission

Odometer Disclosure Statement

TC-891

Rev. 11/12

Division of Motor Vehicles · PO Box 30412, Salt Lake City, UT 84130 · Telephone 801-297-7780 or 1-800-368-8824

Get forms online - tax.utah.gov

Section 1 - Transferor Information

Transferor’s name (print last, first, middle initial, or business name)

Street address

City

State

Zip code

Section 2 - Vehicle Information

Year

Make

Model

Vehicle/Hull Identification Number (VIN/HIN)

Body type

Section 3 - Odometer Disclosure

Federal and State law require that you furnish to the transferee a written odometer disclosure statement upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. Both the transferor and the transferee shall retain a legible copy of the odometer disclosure statement for not less than four years.

I certify that the odometer reading: (check one)

Reflects the actual mileage.

Enter odometer reading (no tenths)

Reflects the mileage in excess of the odometer’s mechanical limits.

Is not the actual mileage. Warning - Odometer Discrepancy

Transferor’s signature

Date of statement

X

Section 4 - Transferee Information

Transferee’s name (print last, first, middle initial, or business name)

Street address

City

State

Zip code

Transferee’s signature

X

Date of statement

Form Breakdown

Fact Detail
Purpose of the Form Utah State Tax Commission's Odometer Disclosure Statement, TC-891, is used to document and disclose the odometer reading of a vehicle at the time of its sale or transfer of ownership.
Governing Laws This form is governed by both federal and Utah state laws, which require the accurate disclosure of a vehicle's mileage upon transfer of ownership to prevent odometer fraud.
Retention Period Both the seller (transferor) and the buyer (transferee) are required to retain a legible copy of this disclosure statement for not less than four years.
Penalty for Non-Compliance Failure to complete the odometer disclosure statement accurately or providing a false statement may lead to fines and/or imprisonment as stipulated by relevant laws.

Detailed Steps for Writing Utah Tc 891

When it's time to officially document the mileage of a vehicle during its transfer of ownership in Utah, the Utah State Tax Commission requires form TC-891, also known as the Odometer Disclosure Statement. This legal document is more than a formality; it's a cornerstone of honesty in vehicle transactions, protecting both the buyer and seller. It ensures that the mileage of the vehicle is accurately reported, which can affect the valuation and understanding of the vehicle's wear and tear. Filling out this form with precise accuracy is crucial, and the instructions below are designed to help you do just that. The process may seem straightforward, but it's important to take your time to ensure that every detail is correct.

  1. Begin with Section 1 - Transferor Information. Here you will need to enter the transferor’s (seller’s) full name. If the transferor is a business, include the business name. Proceed to fill in the street address, city, state, and zip code of the transferor.
  2. Move to Section 2 - Vehicle Information. Provide the year, make, and model of the vehicle. Next, enter the Vehicle/Hull Identification Number (VIN/HIN) and specify the body type of the vehicle.
  3. In Section 3 - Odometer Disclosure, it's time to focus on the odometer reading. The law necessitates that you accurately report the vehicle's mileage. Check the box that corresponds to the condition: whether the reading reflects the actual mileage, is in excess of its mechanical limits, or not the actual mileage (if there’s a discrepancy). Enter the odometer reading in the space provided, omitting tenths.
  4. Ensure the transferor (seller) signs and dates the form in Section 3, confirming the odometer reading. This signature is a crucial part of the document, validating the information provided.
  5. Next, complete Section 4 - Transferee Information. Input the transferee’s (buyer’s) full name or business name, followed by the street address, city, state, and zip code.
  6. The transferee must then sign and date the form in Section 4. This acknowledges the disclosure and receipt of the odometer statement.

After both parties have filled out and signed the form, it's important that copies are made and kept by both the transferor and transferee for a minimum of four years. This documentation serves as a protective record in case any disputes or questions arise regarding the vehicle's odometer reading during the time of transfer. Accurate completion and proper retention of form TC-891 are not just regulatory requirements; they are also steps toward ensuring transparency and trust in the sale and purchase of vehicles in Utah.

Common Questions

  1. What is the purpose of the Utah TC-891 form?
  2. The Utah TC-891 form, officially recognized as the Odometer Disclosure Statement, plays a crucial role in the transfer of vehicle ownership. Its primary purpose is to ensure that the mileage of a vehicle is accurately reported at the time of its sale. By disclosing the true odometer reading, it guards against odometer fraud, helping both buyers and sellers. Such disclosures are mandated by both federal and state laws to protect consumers and maintain honest transactions within the automotive market.

  3. Who needs to complete the TC-891 form?
  4. During the transfer of a vehicle's ownership, both the seller (transferor) and the buyer (transferee) have responsibilities regarding the TC-891 form. The seller is required to fill out the form accurately, stating the vehicle's odometer reading at the time of sale and indicating whether the given number reflects the actual mileage, if it's beyond the odometer's mechanical limits, or if it's not the true mileage due to some discrepancy. Following this, the buyer also needs to acknowledge the odometer disclosure by providing their information and signature.

  5. What happens if the TC-891 form is not accurately completed?
  6. Failure to accurately complete the TC-891 form, including attempting to conceal the vehicle's true mileage, is a violation of both federal and Utah state laws. Such misconduct can lead to severe penalties, including fines and imprisonment. Besides legal repercussions, inaccurately completing the form undermines the integrity of the sale and can significantly affect the vehicle's value and the buyer's interests.

  7. Are there any exceptions for completing the TC-891 form?
  8. Yes, certain vehicles are exempt from the odometer disclosure requirements. Typically, these exceptions include vehicles that are ten years or older from the current year, vehicles with a Gross Vehicle Weight Rating (GVWR) of more than 16,000 pounds, and motorcycles. It is always recommended to consult with the Utah State Tax Commission or a legal expert to understand the specific exemptions that may apply to your situation.

  9. How should one retain the TC-891 form after completion?
  10. Upon completing the TC-891 form, both the seller and the buyer are required to retain a legible copy of the odometer disclosure statement for a minimum of four years. This retention is crucial for record-keeping purposes, as it serves as evidence of compliance with disclosure requirements and provides both parties with legal protection in the event of future disputes or inquiries regarding the vehicle's sale or odometer reading.

  11. Where can one find the TC-891 form?
  12. The TC-891 form is readily available on the official website of the Utah State Tax Commission. Besides downloading the form online, individuals can also contact the Division of Motor Vehicles by telephone or mail to request a copy of the form. It is essential for buyers and sellers to use the latest version of the TC-891 form to ensure compliance with the most current legal requirements.

Common mistakes

Filling out the Utah TC-891, Odometer Disclosure Statement, requires attention to detail to avoid common mistakes. This form plays a critical role in vehicle transactions by accurately reporting the mileage, which is crucial for both buyer and seller. However, individuals often encounter pitfalls during this process.

One significant error is not providing complete information in the Transferor and Transferee sections. This includes failing to print names clearly or omitting addresses. These sections are vital for identifying the parties involved in the transaction. Ensuring that all the details are accurate and fully filled out is essential for the document's validity.

Another frequent mistake is incorrectly reporting the odometer reading. This could be due to entering the tenths of miles, even though the form specifies not to, or mistakenly reporting an inaccurate number. Accurate mileage is crucial for the document to fulfill its legal purpose, so double-checking this detail is important.

A further common issue is choosing the wrong odometer declaration. The form offers three choices to describe the odometer reading accurately. Mistakenly checking the wrong box can lead to misunderstandings about the vehicle's mileage history, potentially affecting its value.

  1. Not checking the correct box for the odometer reading, leading to incorrect mileage representation.
  2. Failing to sign the document by either the transferor or transferee, which is essential for legal validation.
  3. Omitting the date of the statement, which is crucial for tracking the transaction timeline.
  4. Missing the opportunity to clarify a discrepancy if the odometer reading does not reflect the actual mileage, thereby leaving potential legal and financial implications unresolved.

Moreover, individuals often forget to retain a copy of the filled-out form for their records. As the instructions specify, both parties should keep a legible copy for at least four years. This oversight can be problematic if mileage is questioned or if there is a need to verify the details of the transaction at a later date.

To avoid these mistakes:

  • Thoroughly review each section before and after filling it out to ensure completeness and accuracy.
  • Pay close attention to the odomicon readings, making sure to enter only whole numbers as instructed.
  • Verify that the correct declaration about the odometer reading is marked, reflecting the true condition of the vehicle.
  • Ensure that all parties involved sign and date the document where required.
  • Finally, make a copy of the signed form for personal records, abiding by the stipulated retention period.

In conclusion, while filling out the Utah TC-891 form seems straightforward, attention to the common pitfalls outlined above is necessary. By diligently reviewing and accurately completing the form, parties involved can ensure a transparent and legally sound vehicle transaction.

Documents used along the form

When dealing with vehicle transactions in Utah, the Utah TC-891 form, pivotal for accurate odometer disclosure, is just one among several documents that might be required to ensure a smooth transaction. Often, this endeavor ensures transparency and legality in the transfer process of vehicle ownership, protecting both the buyer and the seller from potential legal and financial issues. To facilitate a comprehensive understanding, let’s delve into five other forms and documents frequently utilized alongside the Utah TC-891 form.

  • Title Application: This document officially requests a title for a new owner or for changes to a title. It is crucial for establishing legal ownership of the vehicle.
  • Bill of Sale: Serving as proof of the transaction, the Bill of Sale outlines the details of the vehicle sale, including the price, and confirms the transfer of ownership from the seller to the buyer.
  • Sales and Use Tax Form: This form is essential for the proper calculation and remittance of taxes that apply to the vehicle sale. It ensures compliance with state tax laws.
  • Vehicle Registration Application: This is required for the official registration of the vehicle under the new owner’s name with the Utah Division of Motor Vehicles, making it legal to drive on public roads.
  • Power of Attorney (POA): In situations where either party cannot be present to sign the necessary documents, a POA grants authority to another individual to act on their behalf in the vehicle transaction process.

Understanding and obtaining these documents in conjunction with the Utah TC-891 form can greatly streamline the vehicle transaction process, ensuring all legal requirements are met. It’s not just about transferring ownership; it’s about safeguarding rights, responsibilities, and ensuring a smooth transition that acknowledges both state laws and personal assurance. Thus, being well-prepared with the right documentation is key to a successful vehicle sale or purchase in Utah.

Similar forms

The Form MV-103, or Odometer Disclosure Statement, offered by many states, is remarkably similar to Utah's TC-891 form in purpose and content. This document also captures crucial details during the transfer of vehicle ownership, including odometer readings, which help prevent odometer fraud. Both forms are legally required during vehicle sales and ensure that the new owner is aware of the true mileage of the vehicle.

The Vehicle Transfer and Reassignment Form, commonly found in states like California (Form REG 262), shares characteristics with the TC-891. Though the REG 262 includes additional details pertaining to the vehicle transfer, it also contains an odometer disclosure section. Both forms serve a dual function: to formally transfer ownership and to record the odometer reading, ensuring transparency in the transaction.

Another related document is the Secure Odometer Disclosure Form, used in states that require a more secure form of odometer disclosure to protect against tampering and fraud. While it parallels the TC-891 in collecting odometer readings and preventing mileage fraud, it incorporates security features like watermarks or special inks, which are not specified in the description of the TC-891.

The Federal Odometer Statement, a requirement for many states during the sale or trade of vehicles, is akin to the TC-891 form in its purpose. It enforces the federal requirement for odometer disclosure and serves to inform the buyer of the vehicle's true mileage, aiming to deter and identify odometer tampering, similar to Utah's objectives with the TC-891 form.

The General Bill of Sale document, while more broad in its application, often includes an odometer disclosure statement when used for vehicle transactions. This juxtaposes the TC-891, which is specifically designed for odometer disclosure. However, in transactions involving vehicles, both documents act to ensure the buyer is fully informed about the vehicle’s condition, particularly its mileage.

The Title Application forms, like the one used in Texas (Form 130-U), closely resemble the TC-891 form as they typically include sections for odometer disclosure alongside information necessary to transfer vehicle title. This not only facilitates ownership transfer but firmly establishes the vehicle's mileage at the time of sale, mirroring the protective intent behind the TC-891's odometer statement.

The Dealer Reassignment Form, part of the vehicle title in many states, includes a section similar to the odometer disclosure found in TC-891. Though primarily used by dealers during the transfer of vehicles not yet titled to a new owner, it captures odometer information to ensure transparency and maintain the integrity of the vehicle's mileage record.

The Odometer Correction Form is used to correct or update the mileage on a vehicle’s title document and shares the emphasis on accurate mileage disclosure with the TC-891 form. While focussed on correction rather than initial declaration, it underscores the importance of precise mileage reporting in the vehicle sale process, reflecting the shared objective of maintaining transparency within vehicle transactions.

Dos and Don'ts

When filling out the Utah TC-891 form, a crucial document for disclosing a vehicle's odometer reading during its transfer of ownership, attention to detail and accuracy are essential. The following are advised practices and common pitfalls to avoid ensuring the process is smooth and complies with legal requirements.

Do:

  • Verify the information: Before submitting, double-check the vehicle information, including the year, make, model, and VIN/HIN, to ensure they accurately match the vehicle’s documentation.
  • Choose the correct odometer statement: Carefully select the statement that accurately describes the vehicle’s mileage situation. If the odometer reading does not reflect the actual mileage, specify whether it is in excess of the mechanical limits or if there’s a discrepancy.
  • Retain a copy: Both the transferor and the transferee are required to keep a legible copy of the completed form for at least four years. This is crucial for future reference or if any legal issues arise.
  • Ensure legibility: Fill out the form clearly and legibly. This aids in avoiding misunderstandings or potential legal complications due to unreadable information.

Don't:

  • Leave blank spaces: Do not leave any field blank. If a section does not apply, mark it as N/A (Not Applicable). Blank spaces can raise questions or even invalidate the form.
  • Forget to check the appropriate odometer declaration: Overlooking or wrongly ticking the odometer statement boxes can lead to legal repercussions. It’s essential to accurately disclose the mileage information.
  • Use liquid paper or make erasures: If an error is made, it’s advisable to start with a new form. Corrections might cast doubts on the authenticity of the information provided.
  • Omit signatures and dates: Ensure both the transferor and transferee sign and date the form. Unsigned or undated forms are considered incomplete and not valid for legal or registration purposes.

Misconceptions

There are several misconceptions about the Utah TC-891 form, also known as the Odometer Disclosure Statement. Understanding these misconceptions is crucial for anyone involved in the transfer of vehicle ownership in Utah. Here's a closer look at some of these misunderstandings:

  • Misconception 1: The TC-891 form is optional when selling or buying a vehicle. In reality, both federal and state laws mandate the completion of this form as a critical step in the vehicle transfer process. Its completion ensures transparency in the vehicle's history and protects both parties' legal rights.
  • Misconception 2: Digital submissions of the TC-891 form are acceptable. While many forms can be submitted online, the TC-891 form requires a hard copy to be filled out and signed by both the transferor and transferee, underscoring the importance of a tangible record for both parties.
  • Misconception 3: Any alteration or error in the form negates its validity. Although it's vital to fill out the form accurately, minor errors can be corrected as long as both parties agree on the changes, and the corrections are clearly indicated on the form. This ensures that the intent and honesty of the odometer disclosure remain intact.
  • Misconception 4: Only the seller (transferor) needs to keep a copy of the form. Contrary to this belief, both the seller and the buyer (transferee) are required by law to retain a legible copy of the odometer disclosure statement for not less than four years. This rule safeguards both parties by providing a documented history of the transaction.
  • Misconception 5: The TC-891 form is solely for the use of private vehicle sales. Although private sales are a common scenario for using this form, it also applies to sales by dealerships. Both private sellers and dealers are obligated to disclose accurate odometer readings to protect consumers.
  • Misconception 6: The odometer disclosure on the TC-891 form is only a formality and doesn't impact the sale. The disclosure is a critical element of the vehicle's history and can significantly affect the vehicle's value. A discrepancy or inconsistency can lead to legal issues and diminish the buyer's trust.
  • Misconception 7: There's no penalty for inaccurately reporting the odometer reading. The truth is, falsifying an odometer disclosure is a serious offense. It can result in penalties including fines and/or imprisonment, highlighting the importance of an honest and accurate disclosure for both the seller and buyer.

Understanding these common misconceptions about the Utah TC-891 form helps ensure that vehicle transfers are conducted legally and ethically. It highlights the significance of this document in protecting consumers and maintaining the integrity of transactions within the vehicle market.

Key takeaways

When dealing with the Utah TC-891 form, an Odometer Disclosure Statement, it's important to approach the process with a comprehensive understanding. This form plays a crucial role in the transfer of vehicle ownership within Utah, ensuring transparency and honesty about the vehicle’s mileage. Here are six key takeaways to guide you through filling out and using this form:

  • Complete All Sections Thoroughly: The form is divided into four main sections, each requiring attention to detail. Section 1 asks for transferor information, Section 2 is for vehicle information, Section 3 involves the odometer disclosure, and Section 4 is designated for transferee information. Providing accurate and complete information in each section is essential.
  • Odometer Accuracy is Critical: Section 3 demands special attention as it requires the current odometer reading. It's imperative to check the appropriate box that accurately reflects the vehicle’s mileage. The options include actual mileage, mileage in excess of mechanical limits, or if the odometer reading is not the actual mileage. Incorrect or dishonest reporting can lead to significant legal penalties.
  • Legal Implications: The act of falsifying information, or failing to provide an odometer disclosure, is not taken lightly. Completion of this form must be done earnestly as providing false statements may result in fines and/or imprisonment. The serious legal implications underscore the importance of honesty in the odometer statement.
  • Retention of Documentation: Both the transferor and the transferee are required to retain a legible copy of this form for not less than four years. This retention is critical for reference in case any discrepancies or legal issues arise regarding the vehicle’s mileage after the transfer of ownership.
  • Access to Forms: Accessing the TC-891 form is convenient and can be done through the Utah State Tax Commission’s website. This easy accessibility ensures that individuals can obtain the form when needed, facilitating a smoother transfer process.
  • Signature Requirement: The form necessitates signatures from both the transferor and the transferee, making it a legally binding document. The date of the statement is also required next to the signatures, finalizing the disclosure process. It’s important that both parties provide authentic signatures to validate the information given.

Understanding and adhering to these key points when completing the Utah TC-891 form can help ensure a transparent and legally compliant process during vehicle ownership transfers. It safeguards both the seller and buyer from potential legal complications, emphasizing the value of accuracy and transparency in such transactions.

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