§ 31-2-109 — Disclosure requirements

(a) When any dealer in this state or motor vehicle owner
who is not a dealer knowingly offers for sale or trade a motor
vehicle which carries a title branded pursuant to this article,
the dealer or owner shall disclose on a form prescribed by the
department to any prospective purchaser, prior to sale or trade,
the nature of the title brand.
(b) The notification form to be prescribed by the
department shall have a statement indicating the buyer has been
provided notice of the brand on the title. The seller shall
require the buyer to sign the notification form prior to
completing a sales transaction on a motor vehicle that carries a
branded title. The seller shall retain a copy of the signed
notification form.
(c) Failure of the seller to procure the buyer's
acknowledgement signature shall render the sale voidable at the
election of the buyer. The election to render the sale voidable
shall be in writing and delivered to the seller not later than
thirty (30) days after the certificate of title is issued in the
buyer's name.
(d) Nothing in this act shall prevent the buyer from
voiding the sale if there is evidence that the buyer failed to
receive the branded title, or a copy of the branded title, or
any other notification indicating the title bore any brand at
the time of purchase, regardless of when the title was issued in
the buyer's name. The election to render the sale voidable shall
be in writing and delivered to the seller not later than thirty
(30) days after the buyer first receives knowledge that the
title carries a brand. This paragraph shall apply only if there
is evidence that the seller knowingly failed to notify the buyer
with the intent to defraud the buyer.