Laws and Regulations - Chapter 90D: Motor Vehicle Titles

 

 The laws and regulations listed below are some of the ones most frequently referenced.

 The list is not intended to describe all applicable laws or regulations.

 

Chapter 90: Motor Vehicles

  Section 2      -    Registration of Motor Vehicles (7-Day Transfer Law)

  Section 5     -    General Registrations and General Registration Plates

  Section 7N  -    Voiding Contracts of Sale

  Section 7N ¼ - Warranties on Used Motor Vehicles

  Section 7N ½ - Defective or Malfunctioning New Motor Vehicles

Chapter 90D: Motor Vehicle Titles

  Section 15 (a) - Transfer of Title

  Section 16      -  Dealers; Assignment and Warranty of Title; Record of Transactions

Chapter 140: Dealer Licensing 

  Section 58 -    Classes of Licenses

  Section 59 -    Licensing Authority of City/Town (Licenses; Term; Fees, etc.

  Section 59A-  Licensing of Motor Vehicle Junkyards

  Section 62   -   Record Keeping

  Section 66   Certain Authorities May Enter Licensed Premises; Examination

  Section 67    Penalty for Refusal to Allow Entry or Examination

  Section 67ARemoval of Registration Number Plates & VIN Plates from Vehicles to be Junked

             

540 CMR Chapter 18.00:  RMV Regulations

  Selected Portions of RMV Regulations Relating to Dealers

  RMV Regulations Applicable to ALL Section 5 Classes

 

940 CMR 5.04: Selected Consumer Protection Regulations of the Attorney General Pertaining to Sales of Motor Vehicles

 

 

 

Posting Date:  2/4/08

 

Selected Statutes and Regulations (or portions thereof) Relevant to Motor Vehicle Dealers.  (see 540 CMR 18.00 at end for Regulations Relevant to all Section 5 Classifications)

 

Chapter 90D, Section 15 (a). Transfer of Title [The statute quoted here (or portion thereof) is current as of the posting date.  You may check the statute at the website of the General Court at http://www.mass.gov/legis.  Click on “General Laws”]

 

Section 15. (a) If an owner of a vehicle for which a certificate of title has been issued under this chapter transfers his interest therein, other than by the creation of a security interest, he shall, at the time of the delivery of the vehicle, execute an assignment including the actual odometer reading and warranty of title to the transferee in the space provided therefor on the certificate, or such other form as the registrar shall prescribe, and cause the certificate and assignment to be mailed or delivered to the transferee or to the registrar.

 

(b) Except as provided in section sixteen, the transferee shall, promptly after delivery to him of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate or on such other form as the registrar shall prescribe, and cause the certificate and application to be mailed or delivered to the registrar.

 

(c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his security agreement, either deliver the certificate to the transferee for delivery to the registrar or, upon receipt from the transferee of the owner’s assignment, the transferee’s application for a new certificate and the required fee, mail or deliver them to the registrar. The delivery of the certificate shall not affect the rights of the lienholder under his security agreement.

 

(d)If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of section twenty-one.

 

(e) Except as provided in section sixteen and as between the parties, a transfer by an owner is not effective until the provisions of this section and section eighteen have been complied with; however, an owner who has delivered possession of the vehicle to the transferee and who has complied with the provisions of this section requiring action by him shall not be held liable in any manner whatsoever after delivery of possession of the vehicle for any damages resulting from operation of the vehicle, nor for any automobile law violation which may occur in such operation, even though no new certificate of title has been issued to the transferee.

Posting Date:  2/4/08

Chapter 90D, Section 16. Dealers; Assignment and Warranty of Title; Record of Transactions) [The statute quoted here (or portion thereof) is current as of the posting date.  You may check the statute at the website of the General Court at http://www.mass.gov/legis.  Click on “General Laws”]

 

Section 16. (a) If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder after delivery to him of the vehicle, he need not send the certificate to the registrar but, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the registrar prescribes, and mail or deliver the certificate to the registrar or transferee with the transferee’s application for a new certificate.

 

(b) Every dealer shall maintain for five years a record in such form as the registrar shall prescribe of every vehicle bought, sold or exchanged by him, or received by him for sale or exchange, which shall be open to inspection by the registrar, his agents or by any police officer during reasonable business hours.

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