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(625 ILCS 5/3-112.1)
(from Ch. 95 1/2, par. 3-112.1)
(a) All titles issued by the Secretary of State
beginning January, 1990, shall provide for an odometer
certification substantially as follows:
"I certify to the best of my knowledge that the odometer reading is and
reflects the actual mileage of the vehicle unless one of the following
statements is checked.
1. The mileage stated is in excess of its mechanical limits.
2. The odometer reading is not the actual mileage.
Warning - Odometer Discrepancy."
(b) When executing any transfer of title which contains the odometer
certification as described in paragraph (a) above, each transferor of a motor
vehicle must supply on the title form the following information:
(1) The odometer reading at the time of transfer and
an indication if the mileage is in excess of its mechanical limits or if it is not the actual mileage;
(2) The date of transfer;
(3) The transferor's printed name and signature; and
(4) The transferee's printed name and address.
(c) The transferee must sign on the title form indicating that he or
she is aware of the odometer certification made by the transferor.
(d) The transferor will not be required to disclose the
current odometer reading and the transferee will not have to acknowledge
such disclosure under the following circumstances:
(1) A vehicle having a Gross Vehicle Weight Rating of
(2) A vehicle that is not self-propelled;
(3) A vehicle that is 10 years old or older;
(4) A vehicle sold directly by the manufacturer to
any agency of the United States; and
(5) A vehicle manufactured without an odometer.
(e) When the transferor signs the title transfer such transferor
acknowledges that he or she is aware that Federal regulations and State law
require him or her to state the odometer mileage upon transfer of ownership.
An inaccurate or untruthful statement with intent to defraud subjects the
transferor to liability for damages to the transferee pursuant to the federal
Motor Vehicle Information and Cost Act of 1972, P.L. 92-513 as amended by P.L.
94-364. No transferor shall be liable for damages as provided under this
Section who transfers title to a motor vehicle which has an odometer reading
that has been altered or tampered with by a previous owner, unless that
transferor knew or had reason to know of such alteration or tampering and sold
such vehicle with an intent to defraud. A cause of action is hereby created by
which any person who, with intent to defraud, violates any requirement imposed
under this Section shall be liable in an amount equal to the sum of:
(1) three times the amount of actual damages
sustained or $1,500, whichever is the greater; and
(2) in the case of any successful action to enforce
the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court.
Any recovery based on a cause of action under this Section shall be offset
by any recovery made pursuant to the federal Motor Vehicle Information and
Cost Savings Act of 1972.
(f) The provisions of this Section shall not apply to any motorcycle,
motor driven cycle, moped, antique vehicle, or expanded-use antique vehicle.
(g) The Secretary of State may adopt rules and regulations providing
for a transition period for all non-conforming titles.
(Source: P.A. 97-412, eff. 1-1-12.)