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 67A – Removal 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
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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