42-10-109. Buyback notice

42-10-109. Buyback notice. (1) If the motor vehicle is returned pursuant to section 42-10-103 (1), a manufacturer, a manufacturer's agent, or a manufacturer's authorized dealer shall, before the resale of the motor vehicle in this state: (a) Notify the department of revenue that the motor vehicle was returned to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer pursuant to section 42-10-103 (1); (b) Attach a decal to the motor vehicle that clearly and conspicuously reads "Lemon Law Buyback" on the body post to which the driver's door latches, also known as the driver's door B pillar, on the date the motor vehicle is returned and shall not remove the decal; and (c) Apply for a lemon law buyback branded certificate of title pursuant to article 6 of this title 42 in the manufacturer's, the manufacturer's agent's, or the manufacturer's authorized dealer's name. (2) A seller of a motor vehicle, including a manufacturer or dealer, who knows or should have known that the motor vehicle is a lemon law buyback vehicle shall clearly and conspicuously disclose that the motor vehicle is a lemon law buyback vehicle before the sale of the motor vehicle. (3) The seller of a lemon law buyback vehicle shall not remove a lemon law buyback decal from the lemon law buyback vehicle.