Legislation
SECTION 2113
Transfer
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 10, ARTICLE 46
§ 2113. Transfer. (a) If an owner transfers his interest in a vehicle,
other than by the creation of a security interest, he shall, at the time
of the delivery of the vehicle, execute an assignment and warranty of
title to the transferee in the space provided therefor on the
certificate or as the commissioner prescribes, and cause the certificate
and assignment to be mailed or delivered to the transferee. The
assignment and warranty of title required by this section shall include
a statement signed by the transferor stating either, (i) any facts or
information known to him that could reasonably affect the validity of
the title of the vehicle; or, (ii) that no such facts or information are
known to him.
(b) Except as provided in section two thousand one hundred fourteen,
the transferee shall, within thirty days after transfer to him of the
vehicle, execute the application for a new certificate of title in the
space provided therefor on the certificate or as the commissioner
prescribes, and cause the certificate and application to be mailed or
delivered to the commissioner. The application required by this section
shall include a statement similar to that required to be included in an
application for a first certificate of title by paragraph (4) of
subdivision (a) of section two thousand one hundred five of this
chapter.
(c) Except as provided in section two thousand one hundred fourteen, a
transfer by an owner is not perfected so as to be valid against third
parties generally until the provisions of this section and section two
thousand one hundred sixteen have been complied with; however, an owner
who has delivered possession of the vehicle to a bona fide transferee
and has complied with the provisions of this section and section two
thousand one hundred sixteen is not deemed an owner within the
provisions of section three hundred eighty-eight of this chapter, and,
notwithstanding any other provision of law, shall not be presumed to
have caused such vehicle to be abandoned for purposes of subdivision
seven of section twelve hundred twenty-four of this chapter if the owner
has retained a copy of the assignment and warranty of title. Failure to
retain such copy shall not preclude such owner from rebutting any
presumption contained in such subdivisions.
other than by the creation of a security interest, he shall, at the time
of the delivery of the vehicle, execute an assignment and warranty of
title to the transferee in the space provided therefor on the
certificate or as the commissioner prescribes, and cause the certificate
and assignment to be mailed or delivered to the transferee. The
assignment and warranty of title required by this section shall include
a statement signed by the transferor stating either, (i) any facts or
information known to him that could reasonably affect the validity of
the title of the vehicle; or, (ii) that no such facts or information are
known to him.
(b) Except as provided in section two thousand one hundred fourteen,
the transferee shall, within thirty days after transfer to him of the
vehicle, execute the application for a new certificate of title in the
space provided therefor on the certificate or as the commissioner
prescribes, and cause the certificate and application to be mailed or
delivered to the commissioner. The application required by this section
shall include a statement similar to that required to be included in an
application for a first certificate of title by paragraph (4) of
subdivision (a) of section two thousand one hundred five of this
chapter.
(c) Except as provided in section two thousand one hundred fourteen, a
transfer by an owner is not perfected so as to be valid against third
parties generally until the provisions of this section and section two
thousand one hundred sixteen have been complied with; however, an owner
who has delivered possession of the vehicle to a bona fide transferee
and has complied with the provisions of this section and section two
thousand one hundred sixteen is not deemed an owner within the
provisions of section three hundred eighty-eight of this chapter, and,
notwithstanding any other provision of law, shall not be presumed to
have caused such vehicle to be abandoned for purposes of subdivision
seven of section twelve hundred twenty-four of this chapter if the owner
has retained a copy of the assignment and warranty of title. Failure to
retain such copy shall not preclude such owner from rebutting any
presumption contained in such subdivisions.