The Bureau of Motor Vehicles Dealer Training Manual Rev. 3/2010 Table of Contents Part I Title Information Introduction Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bureau of Motor Vehicles Telephone Numbers. . . . . . . . . . Motor Vehicle Record Checking. . . . . . . . . . . . . . . . . . . . . . Form Request Sheet (MVT-44) . . . . . . . . . . . . . . . . . . . . . . Title Fee Schedule (MVT-29). . . . . . . . . . . . . . . . . . . . . . . . Maine Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . Title Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicles from Non-title Jurisdictions . . . . . . . . . . . . . . . . . . Non-lien Holding States. . . . . . . . . . . . . . . . . . . . . . . . . . . . “Memorandum” Titles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Out of State Titles “AND/OR”. . . . . . . . . . . . . . . . . . . . . . . . Maine Title and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . Manufacturers Certificate of Origin (MCO) . . . . . . . . . . . . . Dealership Checklist for Title Certificates . . . . . . . . . . . . . . Lien Release (MVT-12, MVT-17). . . . . . . . . . . . . . . . . . . . . Bureau of Consumer Credit Protection . . . . . . . . . . . . . . . . Department of Support Enforcement & Recovery . . . . . . . . Assignment of Ownership (Reverse side of Title) . . . . . . . . Title Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of Ownership (MVT-16). . . . . . . . . . . . . . . . . . . . . Transfer of Ownership Facts. . . . . . . . . . . . . . . . . . . . . . . . Certificate for Title Application (MVT-2). . . . . . . . . . . . . . . . Odometer Information Statement (MVT-32). . . . . . . . . . . . . Tips to Remember when Completing MVT-2 . . . . . . . . . . . Joint vs. Common Ownership . . . . . . . . . . . . . . . . . . . . . . . New vs. Used vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title Codes for Make, Model & Body Style . . . . . . . . . . . . . Affidavit of Repossession (MVT-5) . . . . . . . . . . . . . . . . . . . Duplicate Certificate of Title (MVT-8). . . . . . . . . . . . . . . . . . Request for Withdrawal (MVT-3) . . . . . . . . . . . . . . . . . . . . . Salvage Vehicle Information . . . . . . . . . . . . . . . . . . . . . . . . Certificate of Salvage Title Application. . . . . . . . . . . . . . . . . Rebuilt or Repaired Salvage Vehicle (MVT-103). . . . . . . . . Special Circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affidavit of Surviving Spouse (MVT-22). . . . . . . . . . . . . . . . Vehicles Coming from Another Country. . . . . . . . . . . . . . . . Inspection of Vehicle Identification Number (MVT-10). . . . . -1- 3 4 4 5 7 8 8 9 10 11 11 12 21 22 23 25 26 27 28 29 30 31 35 36 37 38 39 48 49 51 53 55 56 61 63 64 66 Table of Contents continued Part II Dealer Information Notice of Sale (MVD-15) . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary Registration Plates . . . . . . . . . . . . . . . . . . . . . . Loss of Dealer Plates (MV-9). . . . . . . . . . . . . . . . . . . . . . . . Loss of Dealer Stickers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of Dealer Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reduction of Dealer Business Plates . . . . . . . . . . . . . . . . . Increase of Dealer Business Plates . . . . . . . . . . . . . . . . . . Sales Promotions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for Dealer Sales Promotion . . . . . . . . . . . . . . . Rules for Sales Promotion . . . . . . . . . . . . . . . . . . . . . . . . . Permit to Demonstrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for a Permit to Demonstrate. . . . . . . . . . . . . . . Permit to Demonstrate (MVD-01A) . . . . . . . . . . . . . . . . . . 10K Laden Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secondary Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records Keeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealer License Renewals . . . . . . . . . . . . . . . . . . . . . . . . . . Surety Bond and Insurance. . . . . . . . . . . . . . . . . . . . . . . . . Used Vehicle Buyer’s Guide . . . . . . . . . . . . . . . . . . . . . . . . Used Vehicle Buyer’s Guide Sample . . . . . . . . . . . . . . . Unsafe Motor Vehicle Sample . . . . . . . . . . . . . . . . . . . . Rules Regarding UCBG . . . . . . . . . . . . . . . . . . . . . . . . . Dealer Inspection/Disclosure Requirements. . . . . . . . . . Important Notes about UCBG and Unsafe . . . . . . . . . . . 68 70 71 72 73 75 75 76 77 78 79 80 81 82 83 83 83 84 85 86 87 89 90 96 97 Appendix 99 Title Application Scenarios. . . . . . . . . . . . . . . . . . . . . . . . . . 100 -2- -3- Bureau of Motor Vehicles Telephone Numbers Main Number (207) 624-9000 Title Ext. 52138 Fax (207) 624-9254 Dealers Ext. 52143 Fax (207) 624-9037 Investigations Ext. 52144 Fax (207) 624-9258 Internet site for BMV forms: www.maine.gov/sos/bmv/forms/index.html Motor Vehicle Record Checking A dealership should check title records to verify owners of vehicles and to determine if the lien has been released. There are two ways that a Maine car dealer can obtain Maine Motor Vehicle Title information. INFORME is the first way to obtain BMV information. This is an internet service that provides 24 hour/7 days a week access. In addition to the Motor Vehicle record charges, INFORME has an annual subscription fee. INFORME may be contacted at (207) 621-2600 or toll free at 877-212-6500. We would encourage you to use this on-line service. There is an MVR Information packet that your trainer can provide to you. This allows you to call BMV Monday through Friday from 9:00-4:00 to obtain information. If requesting title information over the telephone, a signed affirmation statement must be faxed to the Title Section with credit card information. Information may also be requested by mail by submitting a signed affirmation statement with the appropriate fees. -4- Form Request Sheet MVT-44 -5- -6- Fee Schedule MVT-29 -7- Maine Certificate of Title A Certificate of Title is a document showing proof of ownership, security lien, and vehicle identification information. A Maine Certificate of Title must be provided for all vehicles 15 years old and newer at the time of first registration or when a change in registration is required due to a transfer of ownership, unless exempt from Maine Title Laws. Effective January 1, 2010, the State of Maine will require 1995 and subsequent model year vehicles always will be required to have titles. For all vehicles titled in Maine (after January 1, 1991 and before October 1, 1996) when a lien holder is listed on the title, a Certificate of Lien must accompany the title when ownership is being transferred. After October 1, 1996, titles having lien holders must be properly released on the front of the title by the lien holder. Effective June 10, 1999, the State of Maine changed from a 10 year title state to a 15 year title state. A Dealership must possess at one of their Maine licensed dealership locations a properly assigned title before selling or displaying a vehicle for sale. Title Exemptions A Certificate of Title or Certificate of Salvage need not be obtained for: Boats Snowmobiles A mobile home (see exceptions) ATV’s (All Terrain Vehicles) A self-propelled wheelchair. Trailers with unladen weight (empty) of 3000 lbs. or less. Vehicles older than 15 years. Calls on vehicles older than 15 years can be transferred to registration for letter of verification. Effective 01/01/10, 1995 and subsequent model year vehicles always will be required to have titles. Vehicles owned by a dealership or manufacturer that are held for sale. A motorcycle or motor driven cycle with an engine displacement of less than 300 cubic centimeters. Special mobile equipment. (fire trucks, bulldozers, street sweepers etc.) Special equipment. (brush chippers, air compressors, etc.) Buses and trucks or other transportation vehicles regularly engaged in the interstate transportation of persons or property, which currently have a Certificate of Title that has been issued in another state. Any vehicle owned by a resident of this State but registered in another. A vehicle owned by a person living temporarily in Maine and not required to register here. (For example: out-of-state college students). Driver education vehicles lent to towns or private high schools by automobile dealers. U.S. Government owned vehicle unless registered in Maine. All vehicles on loan to a veteran’s organization. Public or Non-Profit organizations certified by the Maine Secretary of State. -8- Vehicles From Other Title Jurisdictions RHODE ISLAND – 10 YEAR TITLE LAW (All vehicles 10 years old or newer) As of January 1, 2002: 2002 model year vehicles back to 1993 model year vehicles have Rhode Island titles As of January 1, 2003; 2003 model year vehicles back to 1994 model year vehicles have Rhode Island titles NEW HAMPSHIRE – 15 YEAR TITLE LAW (All vehicles 15 years old or newer) As of January 1, 1999; 1999 model year vehicles back to 1989 model year vehicles have New Hampshire titles, 1989 model year vehicles will continue until 2004. As of January 1, 2004: 2004 model year vehicles back to 1990 model year vehicles have New Hampshire titles. GEORGIA – Vehicle Title is required on all 1986 and newer year model motor vehicles. VERMONT – 15 YEAR TITLE LAW (All vehicles 15 years old or newer) As of January 1, 2002: 2002 model year vehicles back to 1988 model year vehicles have Vermont titles As a January 1, 2003; 2003 model year vehicles back to 1989 model year vehicles have Vermont titles -9- Vehicles From Other Title Jurisdictions continued The following documents shall be accepted in lieu of the original title on vehicles entering Maine from non-title jurisdictions. No Change in Ownership The last registration from the previous non-titling state is needed. Original registration or photocopy is acceptable. Dealer Sale Vehicles purchased from an out-of-state dealer: a. The last registration from the previous owner ~ original or photocopy; b. Transfers of ownership from the person on the registration up to the applicant; and c. Transfer may be completed on out-of-state transfer forms or on the Maine MVT-16 transfer or ownership form. Please note: Temporary registrations are not acceptable Non-Lien Holding States There are several states which mail titles directly to owners even though a title may list a lien holder. These states are: Kansas Kentucky Maine (1/1/91 to 10/1/96) Maryland Michigan Minnesota Missouri Montana New York Oklahoma South Dakota Wisconsin If an owner brings a vehicle into the State of Maine from one of the above states, they must have a title and released lien, if applicable, in hand in order to sell, trade or register. The lien holder does not hold the title. If they do not have the title, then they must obtain a duplicate from that state before they can sell, register or apply for title in Maine. - 10 - “Memorandum” Titles The following states issue “Non-negotiable/Memorandum” titles: Connecticut Massachusetts Ohio Rhode Island District of Columbia Missouri Pennsylvania South Carolina Texas Kansas (Trucks and Commercial Vehicles Only) We will not accept memorandum titles as proof of ownership. For example: 1. When an out-of-state vehicle is titled in Massachusetts and the original title to the vehicle is being held in the possession of the lien holder in another state, the Massachusetts Certificate of Title will be stamped with the legend “MEMORANDUM COPY NON- NEGOTIABLE.” 2. The Massachusetts (Memorandum) Certificate of Title is mailed to the lien holder to hold until the lien is satisfied. Upon satisfaction of the lien, the lien holder must endorse the release of lien on the Massachusetts (Memorandum) Certificate of Title and the out-of -state title and mail both titles to the owner. 3. Owner: When the above has been completed, if selling or trading the vehicle, the transfer of ownership must be completed on the reverse of the valid out-of-state title. The title and the Massachusetts (Memorandum) Title are both given to the buyer. Regarding Out of State Titles Because of a ruling by the Attorney General, the Title Section no longer uses the conjunction “OR” between the names of owners on a Maine Title. Exception: If names are joined by “or”, one signature will be accepted on an out-of-state title when: 1. Transferred to an out-of-state dealer before it is transferred to a Maine resident or a Maine licensed dealer, or 2. Transferred to a Maine resident by an out-of-state resident or an out-of-state dealer. All signatures are required on a title when the vehicle is sold to a Maine licensed dealer by an out-of-state resident or an out-of-state dealer. - 11 - MAINE TITLE The Maine Title has four functions: 1. It is the only acceptable proof of ownership and absolutely necessary when ownership changes on vehicles 15 years old and newer. (Effective 01/01/10, 1995 and subsequent model year vehicles always will be required to have titles). 2. It is necessary for perfecting liens against motor vehicles. Any vehicle more than 15 years old may have security interests through the Bureau of Uniform Commercial Code, Secretary of State, 29 State House Station, Augusta, ME 04333. 3. Theft deterrent. 4. Historical record of motor vehicle. Warranty Certificate Of Title A Warranty Title may be issued to a Maine resident who is the owner of an antique auto, horseless carriage or classic vehicle upon documented and notarized evidence of ownership and upon payment of the required fee of $40.00. A Warranty Title denotes that evidence made available to the Secretary of State indicates that there are no liens or encumbrances against the vehicle and that the applicant is the owner. It is not intended to authenticate the vehicle’s history. NOTE: The following pages contain illustrations of the several types of Maine Title documents which must be present when displaying a vehicle for sale. Maine Titles Effective January 1, 1991 to October 1, 1996, all titles were mailed to the owner of the vehicle, even if there was a lien on the vehicle. If there was a lien, a separate Certificate of Lien was mailed to the lien holder. When a lien holder was listed on these titles, both the title and lien certificate must accompany a new title application. On the following pages, there are illustrations of the Maine Title, style from January 1, 1991 to October 1, 1996, Certificate of Lien, Maine Title, style from October 1, 1996 to January 31, 1999, and the newest style title, effective February 1, 1999. - 12 - MAINE TITLE Front Effective after January 1, 1991 and before October 1, 1996 - 13 - MAINE TITLE Back Effective after January 1, 1991 and before October 1, 1996 - 14 - CERTIFICATE OF LIEN Front Effective after January 1, 1991 and before October 1, 1996 - 15 - CERTIFICATE OF LIEN Back Effective after January 1, 1991 and before October 1, 1996 - 16 - MAINE TITLE Front Effective October 1, 1996 to January 31, 1999 - 17 - MAINE TITLE Back Effective October 1, 1996 to January 31, 1999 - 18 - MAINE TITLE Front Effective February 1, 1999 to Current Use - 19 - MAINE TITLE Back Effective February 1, 1999 to Current Use - 20 - Manufacturer’s Certificate Of Origin (MCO) When a new vehicle is delivered in Maine by the manufacturer or his franchised dealer, the manufacturer must execute and deliver to his agent or franchised dealer a Certificate of Origin. The Secretary of State prescribes the form to be used. In accordance with the Maine Motor Vehicle Certificate of Title and Anti-theft Act, the MCO should contain the manufacturer’s vehicle identification number (VIN), the name of the manufacturer, number of cylinders, a general description of the body, the model year and the type of model. Assignments from the franchised dealer may be made on the reverse of the document. Spaces are also provided for additional assignments, as required. Each assignment must be properly completed. - 21 - Dealership Check List for Title Certificates Please check the following items to make sure that you have the proper Title when taking a trade-in or selling a vehicle: The Titles printed prior to February 1999 are printed on special paper. If there are alterations such as erasures or mark overs on the front or back of the document, the document is void. The Title may be branded with the words “SALVAGE”, “REBUILT”, or “SALVAGE REBUILT”. Look for the words: “may be subject to the rights of prior owner”, “undisclosed lien”, and “DUPLICATE”. The ownership of the vehicle may be single or joint owners and show lien holders The dealer must possess a transfer of ownership from all owners and a lien release from all lien holders. The first assignment is by the owner(s) and the second must be by the licensed dealer. If the first assignment is to a private party, this party must apply for title before transferring ownership. The Title number must be entered in block #15 on a new application for title upon resale. The mileage showing on a title should not be more than the actual mileage on the odometer. - 22 - Release of Lien MVT-12 - 23 - Lien Release Information When a vehicle is sold and the title displays a lien holder, one of the following documents must accompany the title and new title application to show the lien has been paid in full: 1. Certificate of Lien (MVT-17) properly signed off by the lien holder. 2. Lien Release (MVT-12) to be provided by the lending institution. 3. A letter describing the vehicle and purchaser information stating the vehicle has been paid in full. The letter must be on the lending institution letterhead and signed by an official of the institution. 4. A lien release faxed directly to the Bureau of Motor Vehicles office by the lien holder. The lien holder will send the original release of lien directly to the Title Section of BMV. 5. Contact the Title Section to verify that the loan has been paid in full. The dealership will have to set up an account with BMV or INFORME to obtain this important information. Maine Certificate of Lien MVT-17 Issued from 1/1/91 to 10/1/96 The information on the front of the Certificate of Lien should match the Certificate of Title exactly. Dealers should compare the vehicle description, odometer reading, purchase and issue dates, lien holder information, lien release, owner(s) name, and the title number to verify that the lien certificate matches the title. The back of the Lien Certificate is used when a lien holder wants to repossess the vehicle. The lien holder is allowed to repossess the vehicle with out having the actual title in hand. The lender can complete a lien release, notarized affidavit of repossession and transfer of ownership on the lien certificate and use it as a title for transfers in Maine only. The lien holder must apply for a Title in the lien institution’s name if they plan on selling the vehicle out of the state of Maine. Release of Lien MVT-12 This form is used by the lien holder to show a release of lien when it cannot be released on the face of the title or in the case where the certificate of lien has been lost or destroyed. The vehicle information must match the description given on prior lien certificate. The date of lien and the lien holder’s printed name, address, and signature must show on the form. A release of lien must be submitted for vehicles titled in other non-title holding states, when the prior title shows a lien holder. - 24 - Bureau of Consumer Credit Protection 35 State House Station, Augusta, ME 04333-0035 Another State Agency with Your Best Interest in Mind This office has the distinct pleasure of having an excellent working rapport with a state agency that is very important to you, not just as dealers who offer financing, but business people and individuals who might need this service in the future for outside needs. We interviewed the Senior Examiner and the Administrative Secretary for the Bureau of Consumer Credit Protection due to numerous complaints regarding out of state lien holders not cooperating with our Maine licensed dealers and our Maine lending institutions. When speaking with them, we found many important points of interest we would like to share with you: The Trust in Lending Law states that someone is not a creditor unless they collect more than 4 payments from a contract. A dealer who will be offering financing needs to file a notification with the Bureau of Consumer Credit Protection. The Bureau of Consumer Credit Protection will help in setting up contracts which comply with the law and will inform you on the correct procedure to repossess a vehicle. The Bureau of Consumer Credit Protection only has jurisdiction when a vehicle is bought in Maine or is being repossessed here. If a Maine resident purchases a vehicle out of state and received out of state financing, they comply with the laws of the state in which it was purchased. If repossession is necessary, the individual or institution taking possession of the vehicle needs to comply with the laws of the State of Maine. When a vehicle is purchased from a Maine licensed dealer and that dealer uses out of state financing, normally the contract is with the Maine dealer who then assigns the finance contract to an out of state lien holder. Because the original contract is with the Maine dealer, Maine consumer laws govern that contract. We would like to thank the Bureau of Consumer Credit Protection for their cooperation in supplying this information and we look forward to working with them in the future. We urge you to contact their office at 624-8527, if you have questions regarding credit or contracts. - 25 - Division of Support Enforcement & Recovery (DSER) One of the topics discussed in our Dealer Workshops was DSER. According to Maine Law 19 MRSA 500-509, DSER (Human Services) has the authority to perfect a lien on a vehicle when the owner is delinquent in making his/her child support payments. These support payments are established in the court order at the time of the divorce. The dealers shared with us that most often when a person goes to trade his/her vehicle, he/she does not realize a lien from Human Services has been perfected. We could not imagine such a thing. Owners are notified of the lien in writing by DSER and then again by the Title Section. The following is a brief outline of the DSER’s process. 1. NOTICE OF DEBT is served on the responsible parent. This notice is a composite of many documents. The most important of these documents is the statement of DEMAND for payment of the support debt within 20 days of receipt of the notices of debt. 2. After 20 days, DSER begins their process of attaching liens. The important message here is to remember the owner IS notified of the debt and they are put on notice that DSER will take steps to secure the debt after 20 days, if the debt was not paid in full. The owners do not have to sign the application for title before we will issue a new title showing Human Services as first or second lien holder. The Title Section has the following suggestions in resolving dealer/lien holder situations: Dealers are encouraged when calling a lien holder for a close-out to ask for all the information concerning the certificate of title/lien. Ask the lien holder for: 1. Title Number 2. Owner’s name(s) 3. All lien holders shown of the face of title/lien certificate 4. VIN 5. Mileage By asking for all this information, you are better insuring yourselves that the lien holder does in fact hold the title/lien certificate and are also protecting yourselves against any unknown liens. You may use INFORME or setup an account with BMV to look up information regarding the title. Lien Holders are required by law to disclose any and all liens shown on the face of the title/lien certificate to the dealer at the time of close-out. Lien holders are also required by law to mail the certificate of title to BMV for re-issue to the subordinate lien holder listed on the face of the title/lien certificate. Failure to do so is a Class E crime. Our sincere hopes are that everyone involved in these more complex title issues will cooperate fully with each other. Open communication will eliminate the horrors of undisclosed liens, missing certificates of title, etc. Everyone in the long run will benefit. For further information call 287-2886 ~ DSER, or your own legal counsel. - 26 - Assignment Of Ownership Reverse side of title An assignment or transfer of ownership on a title must contain the following information: 1. Printed name and address of purchaser(s) and date of sale. 2. Mileage (at time of sale) not including the “tenths”. Effective 09/17/05, Maine law provides an exemption from reporting mileage if the vehicle is 10 years old or older. 3. Seller’s signature(s) printed name and date of transaction. 4. Any existing lien or if there is no lien, the word “NONE” printed. 5. Signature of buyer(s) with hand printed name(s) and date of transaction. If there is not sufficient space on the title for the assignment, or it is impossible to use, an MVT-16, Transfer and Reassignment of Ownership revised 4/91 or later, should be used for the transfer. - 27 - Title Problems Common Problems: Odometer reading lower than on prior title Two owners named on front of title; only one signature on assignment Two owners named on assignment; only one on new title application No odometer reading-unless vehicle 10 years old or older-exempt Lien holder named here but not indicated on Title Application o Two buyers, but only one signature Other Possible Problems: 1. Effective July 1, 1993, the owner of a vehicle must apply for a title in their name before selling the vehicle. Therefore, all vehicles purchased on or after July 1, 1993 by a Maine resident, cannot be registered in a new owner’s name unless the prior title is in the seller’s name. There are two exceptions to this new law. First, if the owner of a vehicle dies, do not make the surviving spouse, Personal Representative, estate or heirs get a title in their name before transferring. They will still have to provide the buyer with the normal “death of an owner” (See MVT-22) paperwork. Second, in cases of divorce where both names were on the title, one spouse is awarded the vehicle in the divorce decree and that person sells the vehicle, there is no need to have the person awarded the vehicle get a title in their name alone before selling the vehicle. This only applies if both names were on the title. A complete copy of the divorce decree must be provided to the new buyer. The seller can request to have their title application “RUSHED” by calling the Title Section or attaching a note to the title section and paying a $10.00 immediate issuance (rush) fee. The rush fee must be received in the Main Office. 2. The hand printed name and signature of the buyer(s) and seller(s) are required unless the title is accompanied by a Power of Attorney. The buyer and seller cannot be the same person. A family member or another individual may not sign for the buyer(s) or seller(s). 3. Erasures, cross outs, whiteouts are NOT acceptable and VOID the title. - 28 - Transfer or Reassignment of Ownership MVT-16 To be a valid transfer, the MVT-16 must be accompanied by a Title. An MVT-16 is used to transfer ownership of a vehicle when the reverse side of a title has already been completed OR if a title does not have the Truth in Mileage Act warning. The MVT-16 is also used as an odometer statement between sellers and buyers of non-titled vehicles. - 29 - Transfer of Ownership Facts There are several points of interest to remember when completing a transfer of ownership by the MVT-16 form or the back of the certificate of title: All owners listed on the prior title must transfer their interest to the new owner. All signatures must be obtained for a complete transfer. The sellers must hand print their name(s), and also write in the date they signed the transfer. Maine Dealers must conform to the federal Truth in Mileage Act (TIMA). You must state the current mileage in connection with a transfer of ownership. Odometer reading requirements are exempt on a title transfer when the vehicle is not self propelled or ten (10) or more years old. However, the Secretary of State may require odometer information for any vehicle for cause. The lien holder needs to be stated on the transfer documents. You must list the lien holder on the CTA application and list the same lien holder(s) on the MVT-16 or back of the certificate of title. The proper transfer of ownership from a Maine dealer to another dealer or another buyer in Maine or out of state needs one of the following: a completed MVT-16 form the MCO for a vehicle if new or the reverse side of the Maine certificate of title (issued after May 1988) which has an odometer disclosure statement. If the printed name(s) or mileage is illegible or there are changes or erasures, the CTA application will be rejected. - 30 - Application for Certificate of Title MVT-2 - 31 - Certificate for Title Application MVT-2 Motor Vehicles less than 16 years old that are registered in the state of Maine must be titled in Maine. Effective 01/01/10, the State of Maine will require 1995 and subsequent model year vehicles always will be required to have titles. Please see the list of title exceptions on page 5. A dealership must submit an application with the Bureau of Motor Vehicles within 30 days of the sale. After the 30 days, there is a late fee of $50.00 per application and this is a misdemeanor in Title 29A, section 664(a Class E offense). The Application fee is $33.00 with an additional fee of $10.00 for any “RUSH.” Completion of CTA Quick Reference 1. Name(s) of applicants – All owners must be listed. 2. Date(s) of birth – Date of birth for applicant must be listed 3. Telephone – This number should be listed in the case that the customer needs to be contacted for title issues 4. Mailing address – This is the address that the title will be mailed to, if there is no lien holder. If the address is incomplete, the title will be returned by the Post Office as undeliverable. 5. MSRP – Follow the instructions on the Title application. For new vehicles, the vehicle price listed on the Monroney label minus the destination charges is to be listed in block 5. 6. Legal address – If the customer’s legal residence is different than the mailing address, this block must be completed. This information gives the actual location of the customer and vehicle. 7. Leased vehicle name and address – If the vehicle is leased, the lessor must be listed in Block 1 and the name and address of the lessee must be listed here. 8. Vehicle year – The two (2) digit year code for the vehicle 9. Vehicle make - The four (4) letter manufacturer code for the vehicle. See the list in the back of the manual for these codes. 10. Vehicle model – The first six letters in the model name. - 32 - 11. VIN number – All 1981 and newer vehicles have 17 digit VIN’s with the exception of a State assigned VIN. 12. Body type – The two (2) digit code describing the vehicle (ex. 2D, 4D, SW, PK) 13. New, Used, or rebuilt – Please check the proper box indicating if the vehicle is new, used, or rebuilt 14. Date of purchase – The date the retail customer purchased the vehicle 15. Previous title number – The current title number listed on the title document transferred to you. The customer will not be able to register if this block is left blank. 16. State of Origin – The State that issued the title you now hold. 17. Other Data – For Motor Vehicle Use Only. 18. Current odometer reading – The reading on the odometer as of the date you sell it. It should be taken directly from the vehicle’s odometer. Do not estimate. As of 09/17/05-Maine law provides an exemption from reporting mileage if the vehicle is 10 years old or older. 19. Mileage stated is – Check the prior title and transfers to verify whether the mileage is actual, in excess of mechanical limits, or not actual. Brands such as in excess and not actual must be carried over to each new title. 20. If not actual – If the vehicle’s odometer is to be coded not actual in block 19, this box must be completed, indicating the reason for the actual reading. An MVT-32 (odometer statement) must be completed, unless the code is being carried over from the prior title. 21. First lien holder’s name – If any lending institution or person holds a security interest (lien) in this vehicle, they must be listed in this box. Please list their complete, correct name; the title will be mailed to the lien holder. 22. Date of lien – The date of the lien listed in block 21 took effect. This date would normally agree with the purchase date in block 14 23. Address number and street – The address that the issued title will be mailed to. The address must be complete and correct or the title will be returned by the Post Office as undeliverable. - 33 - 24. Second lien holders name – If the customer finances the vehicle through a second lien holder, they must be listed here. The title will be mailed to the first lien holder. 25. Date of lien – The date the lien listed in block 24 took effect. 26. Address number and street – The complete correct address of the second lien holder. The title will be mailed to the first lien holder. 27. Name and address of seller – The selling dealer must list their dealership name and complete address. 28. Plate number, if a Maine licensed dealer – The selling dealer must list their dealer plate number. The appropriate box must be checked to show if the dealer is a new car, used car, or motorcycle dealer. 29. Signature of seller, if dealer – A representative from the selling dealership must sign. Please list their position with the dealership and date. 30. Signature of owner(s) – Each individual listed in block 1 must sign in block 30. No one is able to sign for another individual unless they have written power of attorney for that person. In this case, a copy of the P.O.A. must be submitted. If the purchaser in block 1 is a company, a representative of the company and their employment position must sign in block 30. NOTE: If changes are needed on application (for example: vehicle info, owners, address, etc.) once it has been submitted, then a supplemental title application must be completed. Contact Title Section at 207-624-9000 ext. 52138 to see if title has been issued. If title has not been issued a fee is not required with new application. A fee of $33.00 would be required if the title has been issued. - 34 - Odometer Information Statement MVT-32 This form is used to obtain odometer readings that are questionable or when a discrepancy exists. The owner and vehicle information goes in the top blocks. You must show current mileage. The dealer must sign if it is a retail sale. If the mileage is “not actual,” a reason as to why is necessary. - 35 - Tips to Remember When Completing the MVT-2 Form Be sure that the buyers on the last transfer of ownership are the same as listed in Block 1 of the application. In Blocks 2 and 4, please be sure to list the correct dates of birth and complete mailing address for the owners listed in Block 1. Check to be sure that the VIN listed in Block 11 matches the VIN listed on the prior title and transfers If the vehicle is being refinanced (not transferred) and the prior title indicates that the vehicle was purchased new, check new in Block 13. If the vehicle is being refinanced (not transferred) Block 14 should show the original purchase date listed on the prior title. If the prior title is branded Rebuilt, check the rebuilt box in Block 13. The prior title number must be listed in Block 15 of the application by both dealers and lien holders. Both dealers and lien holders are required to list the current, accurate mileage information in Blocks 18 and 19. Exempt from reporting mileage if vehicle is 10 years old or older. If an incorrect lien holder is listed on either the transfer or in Block 21 of the application, a signed statement or lien release must be submitted by that lien holder. If a lien holder is listed in Block 21, please list their complete correct address in Block 23. Always make sure that ALL owners listed in Block 1 of the application sign in Block 30. If someone other than the owner listed in Block 1 signs Block 30, a power of attorney must be submitted with the application. If the person listed in Block 1 is under the age of 18, a parent or legal guardian must co-sign in Block 30. - 36 - Most Common Errors Some of the most common errors made in completing the title application are: blocks left blank, DBO, application not signed by all purchasers listed in block #1. The odometer reading is lower than on the prior title or the mileage is an estimate (if applicable). The selling dealer does not sign the application. The lien holder information is not complete. The application does not have the proper title fees. The typed application is not aligned correctly or the handwriting is illegible. The information is crossed off the application. Courtesy Delivery Registrations A dealership may decide to provide an extra service to their customers and register the new vehicle for the owner. Like any Maine registration, these “courtesy delivery” vehicles must have the excise tax paid in the owner’s residence. If that town is unable to finish the registration process, the dealer can then precede to one the Motor Vehicle branch offices. The Main Office in Augusta no longer processes courtesy delivery registrations. Information Concerning Joint or Common Ownership on a Vehicle When a title is to list more than one owner, the ownership of the vehicle is either “joint” or “common.” If joint ownership is desired, the “joint ownership” box should be checked next to the owners’ names in Block 1 of the application for title. If there is no such designation, common ownership will be assumed. The difference between joint and common ownership of a vehicle is not readily apparent until the death of one of the owners. Under the terms of “joint” ownership, when a joint owner dies the surviving owner(s) retains complete ownership of the vehicle. In the case of common ownership, if one of the common owners die, the surviving common owner(s) and the deceased’s estate own equal shares of the vehicle. - 37 - New vs. Used Vehicle Several situations can arise when a consumer returns a vehicle to a dealer after a brief period. The dealer then resells the vehicle and lists the vehicle as “NEW” on the title application for the second owner. Meanwhile, action may have been taken on the first owner’s title application. According to 29-A MRSA 851 (412), the definition of a USED motor vehicle is as follows: a motor vehicle that either has been once registered or is not covered by a manufacturer’s new car warranty. When a vehicle is sold and our records show a prior owner, the Title Section will issue another certificate of title listing the vehicle as USED unless the following conditions apply: 1. No prior registration has been issued (the Title Section will check with the town clerk in this matter), and 2. The vehicle is covered by a new car warranty The dealer bears the responsibility of notifying the Title Section when the above conditions apply. This is usually accomplished by a letter accompanying the title application. In any event, if the vehicle is registered by the first owner, it must be listed as USED for any subsequent owner. - 38 - Title Information On the Maine Certificate of Title, vehicles are identified by many criteria besides VIN and year. The make, model, and body type are also shown on the Certificate of Title. In this chapter, the codes for make, model, and body type used by the Title and AntiTheft Section are explained and examples of each are shown. This list is not inclusive. If you should encounter a vehicle that is not in this chapter, please enter the full make, model, and body type on the MVT-2 (Application for Certificate of Title) and the Title Section will make sure the proper coding is made. MODEL YEAR E F G H J K L M N P R S T V W X Y 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 1 2 3 4 5 6 7 8 9 A B C D E F G H COUNTRY OF ORIGIN 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 1 2 3 4 (T) J K S V W Y Z - 39 - USA CANADA MEXICO USA (TOYOTA) JAPAN KOREA ENGLAND FRANCE W. GERMANY SWEDEN ITALY WORLD MANUFACTURER IDENTIFICATION CODES JHA ZAR IAM SCF WAU 12A ZBB WBA 1G4 1G6 1G1 1C3 2E3 JE3 VF1 JN1 SCE 1B3 ZFF ZFA 1FA YS3 SAX JF1 JS3 ACURA ALFHA ROMEO AMERICAN MOTORS ASTON MARTIN AUDI AVANTI BERTONE BMW BUICK CADILLAC CHEVROLET CHRYSLER EAGLE PREMIER EAGLE SUMMIT EAGLE MEDALLION NISSAN DELOREAN DODGE FERRARI FIAT FORD SAAB STERLING SUBARU SUZUKI KMH JHM JAB SAJ 1JC 1LN SCC ZAM JM1 WDB 1ME WF1 JA3 1G3 VF3 ZFR 1P3 1G2 WPO VF1 SCA JT2 WVW YV1 - 40 - HYUNDAI HONDA ISUZU JAGUAR JEEP LINCOLN LOTUS MASERATI MAZDA MERCEDES BENZ MERCURY MERKUR MITSUBISHI OLDSMOBILE PEUGEOT PININFARINA PLYMOUTH PONTIAC PORSCHE RENAULT ROLLS ROYCE TOYOTA VOLKSWAGEN VOLVO SAMPLE VIN DIGIT 2 F A H P71 V 7 9 X 109626 DESCRIPTION Country of Origin Manufacturer Vehicle Type Restraint System Body Type Engine Check Digit Year Assembly Plant Sequence Number - 41 - MEANING USA Ford Passenger Car Active Belts Mustang 4.6L 2V V8 FFV Check Digit Valid 2009 Wayne, MI In Range VEHICLE MAKE CODES AUTOMOBILES Vehicle Make Code Vehicle Make Code Acura Alfa Romeo American Motors Audi Austin Avanti BMW Bentley Bradley GT Bricklin Buick Cadillac Capri Checker Chevrolet Chrysler Citicar Citroen Class Motor Carriages Datsun Delorean Motors Dodge Eagle Ferrari Fiat Ford Geo Hillman Honda Hyundai Infiniti Invader Isuzu Jeep Kelmark GT ACUR ALFA AMER AUDI AUST AVTI BMW BENT BRDL BRIC BUIC CADI CAP CHEC CHEV CHRY CITI CITR CLAS DATS DELO DODG EGIL FERR FIAT FORD GEO HILL HOND HYUN INFI INVA ISU JEEP KELM Kia Motors Lancia Land Rover Lexus Lincoln MG Mazda Mercedes-Benz Mercury Merkur Mitsubishi Model A & Model T Motor Car Reproduction Corp Morris Nissan Oldsmobile Opel Plymouth Peugot Pontiac Renault Porsche Rolls-Royce Rover Saab Saturn Subaru Sunbeam Suzuki Toyota Triumph Unique Mobility Volkswagen Volvo KIA LNCI LNDR LEXS LINC MG MAZD MERZ MERC MERK MITS - 42 - MODA MODT MORR NISS OLDS OPEL PLYM PEUG PONT RENA PORS ROL ROV SAA STRN SUBA SUNB SUZI TOYT TRIU UNIQ VOLK VOLV VEHICLE MAKE CODES TRUCKS ~ Include Buses & Motor Homes Vehicle Make Code Vehicle Make Code Air-O-Motor Home Allis-Chalmers Argosy Arrow Austin Austin-Western Beechwood Motor Home Blue Bird Body Bolens Bombardier Brockway Brown Buffalo Springfield Case J I Co. Caterpillar Chevrolet Clark Coachman Cobra Colt Concord Motor Home Craftsman Crane Crosley Datsun Deere Diamond T Diamond Reo Dodge Elgin Euclid Explorer MH Farmall FMC Corp. Freightliner GMC AIRO ALLI ARGS ARRO AUST AUWE BEEH BLUB OPED BOMB BROC BRWN BUSP CASE CAT CHEV CLAK COAH COBR COLT CONC CRAF CRAN CROS DATS DEER DIAT DIAR DODG ELGN EUCL EXPL INTL FMC FRHT GMC Hough Brothers Freightliner International Harvester Iveco Jeep John Deere Kenworth Mack Massey-Ferguson Mercedes-Benz Michigan Midas Navister Oliver Peterbuilt Pettebon Phoenix Motor Home Pontiac Reo Rover Sabra Sears Southwind Motor Home Space Motor Home Streamline Motor Home Tioga Toyota Trojan Volkswagen Volvo Wagner Walter White Wilderness Motor Home Willis-Overland Winnebago Motor Home HOUG FRHT INTL IVEC JEEP DEER KW MACK MASS MERZ MICH MIDA NAVI OLIV PTRB PETM PHOE PONT REO ROV SABR SEAR SOWI SPAA STRM TIOG TOYT TROJ VOLK VOLV WAGN WALT WHIT WILS WILL WINN - 43 - VEHICLE MAKE CODES Trailers ~ Includes Travel Trailers Vehicle Make Code Vehicle Make Code Ajax Trailer Mfg. Co. Airstream Travel Trl. American Trailers Inc. American Coach Inc. Bertolini Engineering Budd Co. Butler Mfg. Co. Clark Mgf. Co. Coachman Industries Cox Trailers Dorsey Trailers Dunham Mfg. Evans, John Mfg. Co. Fleetwood Fontaine Fruehauf Corp. General Engines Great Dane Heil AJAX AIRS AME AMEO BRTO BUDC BUTL CLAM COAH COXS DORS DUNH EVAN FTWD FONA FRUE GECI GDAN HEIL Hobbs Holiday Rambler Leisure Craft Lufkin Mallard Coach Corp. Massey-Ferguson Miller Trailers Monon Nomad Trailers Owens Polar Mfg. Co. Prowler Industries Shasta Strick Trailer Corp. Theaurer Inc. Trailmobile Wilderness Winnebago Industries HOBB HOLR LEIR LUFK MALL MASS MILL MONM SKYL OWNS POLA PROW SHAS STRI THEU TRIM FTWD WINN - 44 - VEHICLE MAKE CODES Motorcycles Vehicle Make Code Vehicle Make Code BMW Borella Can-AM Carabela Ducati Harley-Davidson Honda BMW BRLL CANA CAAR DUCA HD HOND Kawasaki Laverda Motor Guzzi Rupp Suzuki Triumph Yamaha KAWK LAVE MOGU RUPP SUZI TRIU YAMA The preceding is a partial listing of makes. If the “make” is not listed above, show the vehicle spelled out on the form and MV personnel will code the make in accordance with a more complete listing. NOTE: Do not use the model number. On trailers, the manufacturer’s name is used for the make. - 45 - VEHICLE MODEL LINE CODES Automobile Vehicle Model Line Codes The model line of a vehicle should be shown as a 6-character code. Use the first six characters of the model line. For example: A Buick Skylark would be shown as “SKYLAR”. Roman numerals would be shown as Arabic numerals, i.e., MARK V should be shown as MARK 5; LTD II should be shown as LTD 2. Truck Vehicle Model Line Codes The two-character code “TK” will be used for trucks, buses, motor homes, vans etc. Trailer Vehicle Model Line Codes The two-character code “TL” will be used for trailers, semi-trailers, travel trailers, etc. Motorcycle Vehicle Model Line Codes Motor Bike - MB Motorcycle – MC STYLE CODES Body Type Code Body Type Code Convertible 2 Door Sedan 2 Door Coupe 2 Door Hatchback 2 Door 2 + 2 H/B Coupe 2 Door H.T. 3 Door 3 Door Sedan 4 Door Sedan 4 Door Hatchback CV 2D 2D 2D 2D 2D 3D 3D 4D 4D 4 Door Pillared HT Hatchback 2 Door Station Wagon 4 Door Station Wagon Hearse Limousine Mini-Van Open Body Utility 4D HB SW SW HR LM VN OP UT Body Type OP includes the GMC Caballero, GMC Sprint, Ford Ranchero, Chevrolet El Camino, and the Subaru Brat. Body Type UT includes the Ford Bronco, Ford Explorer, Ford Expedition, Chevrolet Blazer, Chevrolet Tahoe, Dodge Ram Charger, GMC Jimmy, GMC Yukon, International Scout, Plymouth Trail Duster, Toyota Land Cruiser, Isuzu Trooper, Isuzu Rodeo, Jeep Cherokee, Jeep CJ5, 6, and 7, and the GEO Tracker. - 46 - Trailer Body Type Codes Body Type Code Body Type Code Auto Carrier Boat Concession Dollie Dump Trailer 5th Wheel Travel Trailer Flatbed or Platform Gondola Grain Hopper Horse Livestock Logging AC BT CO DO DT 5W FB GA GN HO HE LS LP Lowbed or Lowboy Office Trailer Refrigerated Van Semi Shipping or Chasssis Cont. Stake or Rack Tanker Travel / Camper Trailer Tube Trailer Utility Van Camper Trailer LB OT RF SE SP ST TN CT TR UT VN CT Use the code SE only when the specific body of the trailer is unknown. Motorcycle Body Type Codes Body Type 2 Wheel Code 2W Body Type 3 Wheel or Tricycle Code 3W Truck Body Type Codes Body Type Code Body Type Code Ambulance Armored Truck Beverage Truck Boom Bus Carryall Chassis and Cab Concrete on Transit Mixer Crane Crew Cab Dump Fire Truck Flatbed or Platform Flatrack Garage on Refuse Glass Rack Grain AM AR BR BO BU LL CB CM CR CC DP FT FB FR GG GR GN Hopper Livestock Rack Lunch Wagon Motorized Home Pallet Panel or Van Pickup Refrigerated (Reefer) Stake or Rack Tank Tow Truck or Wrecker Tractor~ Diesel Tractor ~ Gasoline Van Van Camper Vanette HO LS LW MH PL VN PK RF ST TN TT DS TR VN VC VT - 47 - Affidavit of Repossession MVT-5 - 48 - Request to Re-Issue a Certificate of Title MVT-8 - 49 - Affidavit of Repossession MVT-5 This form transfers the ownership to the lien holder. This document needs to be notarized by a Notary or Attorney’s signature with no alterations by the lien holder after notarized. A photocopy or fax copy of the Affidavit of Repossession is not acceptable. No transfer is needed from the prior owner. The transfer can be made according to the conditions of a security agreement. When one spouse is named on the title, but the MVT-5 repossesses from the other, a security agreement showing both spouses’ signatures or a copy of a divorce decree giving possession to the spouse named on the MVT-5 is needed. The most common reasons for rejecting the MVT-5: Prior owner not named or wrong person named as prior owner Notarization is incomplete or missing The VIN is incorrect Duplicate Certificate of Title MVT-8 This form is used to obtain a duplicate certificate of title because the original was lost, stolen, destroyed, or illegible. The fee for this application is $33.00. If a “Rush” is needed, the fee is an additional $10.00 fee. The name(s) on the MVT-8 must match the name(s) of the last owner(s) shown on the prior Title. The difference between the original title and the duplicate title is the duplicate title has the current mileage and is branded “Duplicate Title” that shows a legend: “This is a duplicate certificate and may be subject to the rights of a person under the original certificate.” When completing this form make sure to pay particular attention to the accuracy of the VIN. The liens that exist must be named on the application unless there is a release of lien (MVT-12). If the dealer is taking possession, the Authorization for Mailing Block must be completed with the dealer’s signature in Block #21. To have a new title sent to a dealer, enclose a copy of the MVT-16 (Transfer of Ownership) to the dealer from the owner. If the vehicle is jointly owned, both owners must sign the form. The main reasons for rejections on a duplicate title form are for errors involving the fees, mileage, or signatures. - 50 - Request for Withdrawal MVT-3 This form is used for the withdrawal of an Application for Certificate of Title (CTA), under one of the following conditions: Sale was not finalized or was cancelled. Vehicle is being registered out of state. Vehicle is returned to the dealer. Another reason to be described on MVT-3 form. The owner of the vehicle that was listed on the MVT-2 (the CTA) would be the listed owner on the withdrawal form. The Title Section sends the original documents that were submitted with the application for title back to who was indicated on the MVT-3 form. The information can be returned to the owner, dealer, lien holder, or another party with the given address. The MVT-3 must be signed by the following: all owners, the dealership (if it was a dealer sale), the lien institution must sign if the vehicle was financed. By law, the fees submitted with the CTA are forfeited. NOTE: If the vehicle is already registered to the applicant, the Application for Title cannot be withdrawn. - 51 - Request For Withdrawal MVT-3 - 52 - Salvage Vehicle To: Insurance companies, salvage vehicle dealers and auctions Legislation effective June 30, 1992, requires insurance companies to obtain salvage titles for total loss vehicles prior to transferring them. The Secretary of State will require an application for a salvage title for any total loss vehicle transferred to an insurance company on or after June 30, 1991, even if the owner retains the salvage. The insurance company must act on the application within 30 days of its receipt. In order to obtain a salvage title for a total loss vehicle, an insurance company must obtain the current title from the owner as well as a transfer of ownership to the insurance company and a release of lien, if any. The material and a $33.00 title fee must accompany the salvage title application. Insurance companies may designate persons or organizations to apply for salvage titles for them. Designees should be identified in writing to the Title Section. A person already holding a power of attorney for an insurance company will be considered eligible to complete a salvage title application on behalf of the company. Older salvage title applications (MVT102) produced prior to 1992 are usable, except these forms indicate the salvage title fee is $6.00. The current fee is $33.00 which must accompany the salvage title application. If a rush title is required the fee is an additional $10.00. Salvage pool and auctions in Maine must have a salvage title present at time of display or sale for every salvage vehicle transferred from a prior owner to an insurance company on or after June 30, 1992, unless the vehicle is accompanied by a title from a jurisdiction which does not issue salvage titles. The actual salvage title must be present at the auction, not a copy. If an owner retains the salvage as part of the total loss settlement, the insurance company must apply for and obtain a salvage title and transfer the vehicle back to the owner on the reverse side of the salvage title. A new application should be submitted in the owner’s name. Another provision of the law is that if a vehicle owner transfers a vehicle directly to a salvage dealer on or after June 30, 1992, the vehicle is considered to be a salvage vehicle. In this situation, the salvage dealer must immediately apply for a salvage title in the dealer’s name before selling the vehicle as a re-buildable. The dealer can - 53 - Salvage Vehicle continued also junk/surrender the title by filling out Part B of the MVT-103, Affidavit of Rebuilt or Repaired Salvage Vehicle; the vehicle may only be used for parts. Any person who repairs or rebuilds a salvage vehicle must disclose in writing to the buyer that the vehicle is a salvage vehicle and what repairs were made. That disclosure must be on the Used Vehicle Buyer’s Guide when sold by a dealer to another dealer and to a retail buyer. In order to enforce the new salvage title law, the Bureau of Motor Vehicles will reject a title application if the title submitted with the application shows a transfer to an insurance company before submitting the retail customer’s title application. An owner who has a Salvage Certificate, a title with the word ‘SALVAGE” in large letters across the face of the document, in his possession, must complete an Affidavit of Rebuilt or Repaired Salvage Vehicle, MVT-103. This must be completed before the registration and new title will be issued. The new title that is issued to the owner of the vehicle will have the words “REBUILT”, “REPAIRED”, OR “REBUILT SALVAGE” printed on the right hand side of the title. If the customer has a title with the words “REBUILT”, “REPAIRED” OR “REBUILT SALVAGE” in his possession, this indicates that the title has already been cleared through the Title Section and an Affidavit of Rebuilt or Repaired Salvage Vehicle, MVT-103, is NOT required. Beginning, June 30, 1992, an insurance company must apply for and receive a salvage title prior to transferring a total loss payoff vehicle by filling out an MVT102. Also, any company or person acquiring a salvage vehicle on or after June 30, 1992 with the intention of repairing it for the road must apply for and receive a salvage title prior to selling it. Any repairer must reveal to the buyer that the vehicle is repaired salvage. If the vehicle is sold before repairs have been made, the owner of the vehicle when the repairs are made, needs to file the MVT-103 form. In other words, a title application should no longer be accompanied by a title showing an insurance company in the chain of ownership. The Salvage Title must be obtained prior to any sale. The salvage certificate will look the same as a title, except it will have CERTIFICATE OF SALVAGE printed on the side. If there is any question regarding a vehicle with a Salvage Certificate, please check with the Title Section. - 54 - Certificate of Salvage Title Application MVT-102 - 55 - Rebuilt or Repaired Salvage Vehicle MVT-103 This form is used for information on vehicle repairs that have been declared a total loss by an insurance company or a vehicle owner. When a vehicle has been repaired, an MVT-103 should always be filed in transactions that include a Certificate of Salvage title. The information Blocks at the top of the form must be filled out completely. The parts used to replace the damaged ones must be listed as new (N) or used (U) parts. Copies of the bills of sale or invoices are to be sent in with the MVT-103 if new parts are used. With the use of used parts, list the VIN of “parts” vehicle, title number, and the titled state. In a vehicle that 1-4 component parts are replaced, the vehicle will be coded “Rebuilt” on the title application (MVT-2). If a vehicle has five or more component parts replaced, the vehicle will be coded “Rebuilt Salvage.” Part B of the MVT-103 must be completed and mailed along with the title from any vehicle that has been scrapped, dismantled, compressed, or destroyed. - 56 - Affidavit of Rebuilt or Repaired Salvage Vehicle MVT-103 Front - 57 - Affidavit of Rebuilt or Repaired Salvage Vehicle MVT-103 Back - 58 - Salvage Definition Information A salvage vehicle is a vehicle that, by reason of its condition or circumstance, is declared a total loss by an insurer or owner or is transferred to a recycler or salvage dealer, or a vehicle for which a certificate of salvage has been issued. A total loss vehicle is one that is transferred to an insurer due to damage, destruction or theft, or a vehicle determined by an owner to have a marketable value other than the value of the basic material and parts used in the construction of the vehicle. A person must be licensed as a recycler if they meet the following criteria: Anyone who purchases or acquires salvage vehicles for reselling the vehicle or component parts or rebuilding or repairing salvage vehicle for resale Anyone who displays or stores salvage vehicles on premises owned or controlled by him Insurance salvage pools must be licensed under this section or section 366 as a vehicle auction A component part involves the following parts of a vehicle: engine; airbag; transmission; chassis, front or rear clip, frame or equivalent part; door; hood; tailgate, roof, deck lid or hatchback; quarter panel or fender, front fork or c crankcase of a motorcycle; or cargo bed, transfer case or sleeper of a truck. A rebuilt vehicle happens when any component part of a vehicle is replaced. A repaired vehicle occurs when structural or other damage is remedied without replacing component parts of a vehicle. A dismantled vehicle has component part(s) removed from a vehicle already declared salvage. A reconstructed vehicle means that a vehicle has been reconstructed in a way to change the original steering, braking system, and suspension system or body design. Repairs to vehicles that replace parts with similar parts shall not be deemed reconstruction. Reconstructed vehicles include, but are not limited to, dune buggies, street rods, passenger cars converted to pickup trucks and manufacturer’s vehicle bodies mounted on other manufactured chassis. Surrendering certificates of title occurs when any recycler or scrap processor who destroys, dismantles, scraps, or processes a vehicle shall mail or deliver the certificate of title or certificate of salvage to the Secretary of State for cancellation. A certificate of title or registration to the vehicle shall not be issued again. The form MVT-103 must be used when surrendering titles. NOTE: Effective September 17, 2005, law now requires that ALL hazardous waste be removed from junked automobiles. - 59 - Salvage Definition Information The following legends apply to certificates of title issued subsequent to issuance of certificates of salvage for vehicles: o The legend “salvage” must appear on a certificate of title if : A vehicle has no marketable value other than the value of the basic material or parts used in the construction of the vehicle. A vehicle is sold with the stipulation that is only to be used for the benefit of its parts. A certificate of title previously issued by the Secretary of State or by any other jurisdiction bearing the legend “salvage” accompanies an application to the State of subsequent certificate of title. o The legend “rebuilt salvage” must appear on a certificate of title for a rebuilt salvage vehicle if : Two or more vehicles with different frames are joined. A salvage vehicle has 5 or more component parts replaced. A certificate of title with the legend “rebuilt salvage” issued by the Secretary of State or by another jurisdiction accompanies an application to the State for a subsequent certificate of title. A total loss has been repaired by the use of a front or rear clip. o The legend “rebuilt” must appear on the certificate of title for a rebuilt vehicle if : A salvage vehicle has at least one, but less than 5, component parts replaced. A certificate of title with the legend “rebuilt” issued by the Secretary of State or by any other jurisdiction accompanies an application to the State for a subsequent certificate of title. o The legend “repaired” must appear on a certificate of title for a repaired vehicle if : The vehicle is repaired without replacing component parts of a vehicle (no structural damage). The airbag(s) are replaced. If a salvage vehicle, for which a state certificate of salvage has been issued with any other legends described in this section, is subsequently titled in another state and later retitled in this state, any subsequent state title certificate shall also contain the legends appearing on the original state certificate. A dealer is allowed to sell a salvage (unrepaired) vehicle to a customer. The customer must choose to fix the salvage vehicle or use it for parts. With this type of transaction, the dealer would not be required to complete a title application for the customer. - 60 - SPECIAL CIRCUMSTANCES MINORS ~ When a title application is received and the person applying for a Maine title is under the age of 18, we require that a parent or legal guardian sign the bottom of the title application. Please be aware that they do not need to be placed in block one showing ownership, we just need their signature informing us they are aware of this transaction. If the last name of the minor and the parent or legal guardian is different, the Title Section will reject for further information unless the person countersigning has identified himself. A photocopy of the legal guardianship papers should be attached. If the minor claims emancipation, a copy of the court order is required. DIVORCE ACTION ~ When a titled vehicle has changed ownership as a result of a divorce action, the recipient of the vehicle must show the divorce decree which must be signed by the Judge. The Title Section will require photo copies of the first page, the page(s) which mentions the vehicle information and to whom the vehicle is awarded, and the page signed by the judge. Property settlement papers or a mediator’s report are not acceptable without a divorce decree that has a Judge’s signature. NAME CHANGE ~ If a name is being changed, whether by marriage, divorce or personal preference, copy of the legal document showing the name change is required. However, if a title reads Tracy Allen and Tracy gets married and signs the back of the title Tracy Allen Jones, it is not necessary to require a copy of the marriage certificate. REPOSSESSION ~ Prior to January 1, 1991 and on and after October 1, 1996, titles with liens were mailed to the lien holders. During the time period from January 1, 1991 to September 30, 1996, titles were mailed to the owner and a certificate of lien was mailed to the lienholder. A lienholder may repossess a titled vehicle only when named on the Certificate of Title. An Affidavit of Repossession, MVT-5, which transfers ownership of the vehicle to the lienholder must be completed by the lienholder or the Affidavit of Repossession section on the back of the certificate of title must be completed. The reverse side of the title will show to whom the vehicle has been sold. The title and the Affidavit of Repossession should be delivered to the purchaser for proper disposition. - 61 - SPECIAL CIRCUMSTANCES continued The reverse of the Certificate of Lien (for titles issued between January 1, 1991 and October 1, 1996) can be used to repossess a vehicle if the owner will not surrender the title to the lienholder. The lender can transfer the vehicle without the title by completing the backside of the lien certificate. A dealer can then sell the vehicle without the title if the dealer has a completed Certificate of Lien and proper transfers. The above holds true if the vehicle is going to be subsequently titled in Maine. If the vehicle goes out of state, a lender or dealer will have to obtain title in their name, because none of the other states will accept the lien certification in lieu of a title. BANKRUPTCY ~ When a titled vehicle has been sold as a result of bankruptcy proceedings, the trustee appointed by the Bankruptcy Court must complete an assignment to whom the vehicle is sold. Copies of the court order bankruptcy showing who has authorization to transfer the vehicle must be submitted with the title application. INCAPACITATED OWNER ~ If an owner is physically incapacitated and is unable to sign his/her transfer of ownership, a statement from the attending physician attesting to his/her patient’s inability to sign documents at the time of transfer or an owner’s “X” with (2) witnessed signatures must be furnished by the new owner, along with the title document and copies of the court appointed guardianship papers. DSER – DEPARTMENT OF SUPPORT ENFORCEMENT REGULATIONS ~ Human Services can place a lien on a person’s motor vehicle when they are delinquent in child support. A Notice of Debt is served on the responsible parent that consists of many documents. The most important of these documents is the statement of demand for payment of support debt within 20 days of receipt of the Notice of Debt. After 20 days, DSER begins their process in perfecting liens. The owner is notified of the debt he/she owes and that steps will be taken in placing liens. But, since the owner receives nothing confirming the lien, they may assume no liens were perfected. The owners do not have to sign a title application before a new title is issued showing the Human Services lien. It may be necessary to call the Title Section to verify this information. - 62 - AFFIDAVIT OF SURVIVING SPOUSE MVT-22 This form is used when an owner of a motor vehicle has died. The surviving spouse fills out this form, if the original title was not issued “JOINT”, whether transferring the vehicle or keeping it. If a Personal Representative is involved, they will complete this form and transfer to the appropriate person and provide a copy of their court appointment from Probate Court. If there is no surviving spouse or Personal Representative, we will need a letter from Probate Court in the county in which the deceased was living prior to death that no will is being probated for the deceased and each of the next of kin must complete an MVT-22. There is no fee for a surviving spouse. However, if the surviving spouse is adding additional names, a fee is required. For joint ownership, only a copy of the death certificate is needed for titling purposes (no MVT-22 is filled out for joint ownership). The MVT-22 requires a Notary or Attorney’s signature. - 63 - VEHICLES COMING INTO MAINE FROM ANOTHER COUNTRY The following is needed before a Maine Title can be issued: NEW VEHICLES 1. A title application, MVT-2, in the owner(s) name. 2. The Manufacturer’s Certificate of Origin (MCO), or, in the case of a new vehicle from Canada, a Canadian registration in the selling dealer’s name, signed over to the applicant on the back. (Reason being, that Canada, as a rule, does not issue MCO’s for new vehicles). ***NOTE: A “New Vehicle Information Statement” (NVIS) from Canada is not acceptable as an origin document. 3. An “Inspection of the Vehicle Identification Number: (MVT-10) is mandatory at the time of registration. Be sure to copy the VIN from the 2 places, driver’s dash board AND the Federal sticker affixed to the driver’s side door jamb, as specified on the MVT-10 form. 4. A bill of sale. 5. Import documents: Department of Transportation’s “HS-Form 7 Declaration” A. U.S. Customs Entry Form #7501 or CF-3299 or CF-368 B. Military documentation- DD 1252 & DD 788 or ONLY HS-Form 7 C. Bond release if question 3 answered on Declaration D. Work order for odometer change if one is done 6. Required title fee. USED VEHICLES 1. A title application, MVT-2, in the owner(s) name. 2. The most current title from the foreign country. If the vehicle is from a non-titling jurisdiction, then we need the most current registration document; Canada does not issue titles. *** NOTE: Do Not send a photocopy of the Canadian registration document, or any other foreign registration document. You MUST send in the original document. - 64 - VEHICLES COMING INTO MAINE FROM ANOTHER COUNTRY continued 3. An “Inspection of the Vehicle Identification Number” (MVT-10) is mandatory at time of registration. Be sure to copy the VIN from 2 places, driver’s dash board AND the Federal sticker affixed to the driver’s side door jamb, as specified on the MVT-10 form. 4. A bill of sale. 5. Import documents: A. Department of Transportation’s “HS-Form 7 Declaration” B. U.S. Customs Entry Form #7501, or CF-3299 or CF-368 C. Bond release D. Work order for odometer change if one is done. 6. Required title fee. ***If you have any questions, feel free to call the Import Specialist in the Title Section at 624-9000 ext. 52140. SPECIAL ATTENTION SHOULD BE GIVEN TO THE FOLLOWING When an individual is attempting to register in Maine a vehicle coming from another country, the vehicle must be present at the time of registration or no registration shall be issued unless the registrant has the MVT-10 form already completed by the proper individuals listed on the form. If the vehicle is purchased through a Maine licensed dealer, and titling requirements have been met then the MVT-10 form is NOT required at time of registration. An MVT-10 form is NOT required to be completed when registering a semitrailer, however, ALL other trailers (camper trailer, horse trailer and personal use type trailers) DO require the MVT-10 form to be completed. - 65 - Inspection of Vehicle Identification MVT-10 - 66 - Part II Dealer Information - 67 - Notice of Sale MVD-15 A notice of sale must be completed after every wholesale or retail sale of a new or used vehicle that the dealer is licensed to sell. There are three copies of the notice of sale. The dealer must keep the pink copy in their records for at least five (5) years. The yellow copy is given to the purchaser. The white copy must be sent into the Bureau of Motor Vehicles immediately. Before submitting the MVD-15’s for your dealership, please review them to ensure that all of the information is completed. Please do not cross out, white out, write over, strike over, erase, etc. on the MVD-15’s as this is your customer’s temporary registration. If your customer needed to provide this to law enforcement, they may consider it an altered document. If a mistake is made in the completion of the Notice of Sale, please redo the form. The number of dealer plates issued each year is based on the “Notice of Sale” filed with BMV. The Arbitration fees are also based on the retail MVD-15’s filed. Instructions on Completion of MVD-15 Temporary Plate No: This is for you to show the temporary plate number being issued to the vehicle your customer just purchased. Expires: This is to show the expiration date of the temporary plate. Law allows only 14 days on a temporary plate. When calculating the 14 days, you must count the date of sale as day 1. If you have a non-resident customer that is still waiting for his/her registration from their home state after the 14 days, you can request an extension by contacting this office. There are very rare instances when an extension can be granted to a Maine resident. Make: The make of the vehicle, trailer, equipment, motorcycle, etc. Year & Model: The year of the vehicle, trailer, equipment, motorcycle, etc. and the model. Style: The style of the vehicle, trailer, equipment, motorcycle, etc. VIN-Serial No: The VIN number must be shown here. Color: The color of the vehicle Mileage at Time of Sale: The mileage at the time your customer purchased the vehicle. (Exemption from reporting mileage on 10 years old or older vehicles DOES NOT apply when completing the MVD-15 form). Name of Purchaser: The name of the Purchaser(s) in full. Date of Sale: Date of Sale Delivery Date: The date that the delivery of the vehicle took place (for example repairs being made first). If the delivery date (or pick up date), when the customer actually takes possession of the vehicle, is different from the date of sale, you indicate it on this line. You then calculate the 14 days for the temporary from that date. Address: The address of the purchaser. - 68 - Instructions on Completion of MVD-15 continued Name of person or dealer from whom you obtained the vehicle: This is confusing for many. This must show where your dealership obtained the vehicle from. Mileage when purchased: This must show the mileage when your dealership obtained the vehicle. Address: This is for the address of the person or dealer from whom you obtained the vehicle. Reason why no mileage change: If the mileage is the same as when you obtained the vehicle, please give the reason (i.e. towed, not driven, etc.) Seller (Trade Name of Dealer): This must show your legal dealer name as shown on your license and/or registrations. Dealer Plate Number: This must show your dealer license type and number. This also is on your dealer license. For those of you that hold more than one type of license, please be sure to use the appropriate type and number for the type of sale (for example U = used car, M = Motorcycle, B= light trailer, H = heavy trailer, D = new car). Mandatory Rule: Dealers must keep a written record of temporary plates! Notice of Sale MVD-15 - 69 - Temporary Registration Plates A temporary plate can be issued by Maine licensed dealers except a transporter or loaner licensee. Dealers can issue a temporary plate upon the sale or exchange of a motor vehicle or trailer. A temporary dealer plate can not be issued for a vehicle that is being sold as an unsafe vehicle without a valid inspection sticker. Dealers can issue temporary plates that are valid for 14 days and only the Dealer Section may authorize an extension. An extension may be needed for a customer that is registering out of the state of Maine. They can not be used on a loaded truck, rental vehicle, or taxi. Dealers can not use the temporary plates of another dealership. The expiration date on the plate can not be less than one (1) inch in height and written with indelible or waterproof ink. The dealer license type (used, new, trailer) and their plate number must be written on the bottom right hand of the temporary plates. A person operating a vehicle with an expired temporary registration plate will be committing a traffic infraction with a fine not more than $50.00 Dealers need to notify the Dealer Section upon issuing each temporary plate by the use of the Notice of Sale explained above. A record must be kept at the business of all plates, even if they are destroyed or voided. NOTE: Dealers MUST keep a written record of temporary plates! The temporary plate log must indicate the customer’s name and the temporary plate number. This helps in a situation that a police department needs information regarding a certain plate issued (or a notice of sale) that the Dealer Section has not received in the mail from the dealership. All VOIDS must be logged with the reason for void. Each temporary plate costs $1.00 and can be obtained from any BMV Branch Office or the BMV stockroom. You may also call the Dealer Section at 624-9000 ext. 52143 to obtain temporary plates by the use of a credit card. Loss of Dealer Plates If a dealer plate becomes lost, mutilated, or destroyed, they must complete a form. A replacement dealer plate cost is $5.00 per plate and $.50 per validation sticker. The form should be sent to the Bureau of Motor Vehicles, Dealer Section with the proper fee. Dealers should also report the loss of their plate to the police. A dealer should never make a duplicate or facsimile of a dealer plate; it is illegal. The Dealer Section will give you a temporary dealer plate if necessary. NOTE: Dealers must account for each dealer plate issued unless you have notified the Dealer Section. - 70 - Request for Loss of Dealer Plates - 71 - Request for Loss of Dealer Stickers - 72 - Use of Dealer Plates Dealer plates are for uses directly connected with the business of buying, selling, testing, adjusting, demonstrating, or exchanging vehicles the dealer is licensed to sell. The combined weight can not exceed 10,000 lbs. unless the vehicle itself weighs more than 10,000 lbs. The plates can not be used on loaded trucks or to haul a loaded trailer. Dealer plates can be used by full-time salespeople and managers that are on the dealer’s payroll. Customers can use a dealer plate for demonstration as long as it is not more than 7 days. NOTE: Dealers must maintain a current record of all full-time employees, including but not limited to salespersons, the general manager, the sales manager and the service manager. The record must contain the employees’ full name, date of birth, social security number and the position held by each. In enforcing this, the Bureau of Motor Vehicles will look for a permanent written record in the form of a book or binder. This record must be available for inspection at all times during normal business hours. Kinds of Dealer Plates and Usage Family: 1 family plate per married family Common law marriage does not apply. Children, under the age of 18, of the family must reside in the home. Service: Used car and New car dealers can have up to 3 service plates per Location. The use of this plate can not exceed 24,000 lbs. The use of this plate is to complete service calls and to receive and deliver parts for own dealership. Service vehicle must have the name of the dealership on the vehicles sides in letters at least three inches in height. Equipment Service: Three service plates allowed per location. Truck use only. The use of this plate can go over 24,000 lbs. Service vehicle must have the name of the dealership on the vehicles sides in letters at least three inches in height. - 73 - Wrecker: The light wrecker plate can not exceed 26,000 lbs. The heavy wrecker plate can not exceed 80,000 lbs. The wrecker plate must be used in direct connection to the dealership (no accidents or breakdowns unless it is a warranty vehicle you sold) NO COMMERCIAL TOWING. Mobile Home: Heavy trailer plates are issued with W/R1348 on file OR; Dealership can obtain a trailer transit license with plates. Evidence of insurance is required. Light Trailer: No bond required. Unladen gross weight of trailer cannot exceed 3,000 lbs. Heavy Trailer: This plate covers both light and heavy trailers. Need bond. Motorcycle: Motorcycle dealer plates are used if a dealership engages in the manufacturing, buying, and/or selling of new or used motorcycles or motor driven cycles which includes motor scooters. Loaner: The limit on the use of the loaned vehicle is seven (7) consecutive days. The Secretary of State may extend the period to no more than 30 days. By law, a loaner plate log must be maintained listing name, address, make, model, VIN, plate number, the customer’s vehicle make, model, VIN, and effective date of the loaner assignment. The registration from the vehicle being fixed must be carried in the loaner vehicle. Can not be used by the dealer or employees Transporter: Used in order to transport a vehicle owned by or in the custody of said dealership. Transporter plate used only if the vehicle is accompanied by the owner or owner’s employee. Transporter plate may not be: used in lieu of registration plates, loaned to another, used for personal reasons, or used on a towing vehicle. A vehicle with a transporter plate may be moved without an inspection sticker to an inspection facility to be inspected. The vehicle must not be unsafe at the time of move. - 74 - Reduction of Dealer Business Plates If a dealership has not sold 12 vehicles in a twelve (12) month period, there is a reduction of their dealer plates to two (2) plates including any family and service plates. Dealers holding an auction license, a dealer who primarily sells emergency vehicles, industrial or farm equipment or vehicles more than 15 years old are exempt from this law. Heavy truck dealers are exempt from the minimum sales requirements. Note: Effective 02/01/09, a moratorium was placed from 02/01/09 to 08/31/10 on the reduction of plates and/or denial of a renewal of a dealer’s license solely because the dealer failed to meet minimum sales requires. Increase of Dealer Business Plates A dealership may obtain additional dealer business plates. The Dealer Section counts the total sales for a time period to calculate the number of business plates that a dealership may have. This is one reason that it is very important to mail your Notice of Sales (MVD-15’s) to the Dealer Section. - 75 - Sales Promotions Attended and unattended sales promotion is when a dealer may apply for a license to display vehicles at a location other than the dealer’s established place of business. A dealer must send in the necessary paperwork 48 hours prior to the promotion date. New car dealerships cannot show a car outside their franchise area. Attended sales promotion: Motor Vehicles needs the proposed dates and locations of display. The 61-90 day attended sales promotion fee is $150.00. The 8-60 day attended sales promotion fee is $100.00. The 1-7 day attended sales promotion fee is $50.00. This sales promotion may be renewed. Trailer and equipment dealers are exempt provided there are no motor vehicles being displayed and the display is no longer than 90 days. A dealer who operates an attended sales promotion at an agricultural fair or other agricultural events are exempt from this requirement. A dealer who operates an attended sales promotion at a charitable event where a vehicle is displayed or offered as a prize for fund-raising purposes must submit an application however, there is no fee charged. Unattended sales promotion: Motor Vehicles needs a written contract with the sponsor and dealership in addition to the fees listed below. The fees are: $50.00 for a seven (7) day or less promotion. $100.00 for an eight to sixty (8-60) day promotion. $150.00 for a promotion more than sixty (60) days. Trailer and equipment dealers are exempt provided there are no motor vehicles being displayed and the display is no longer than 90 days. A dealer who operates an unattended sales promotion at a charitable event where a vehicle is displayed or offered as a prize for fund-raising purposes must submit an application, however, there is no fee charged. - 76 - Application for Dealer Sales Promotion - 77 - Rules for Sales Promotion Maine Law Title 29-A M.S.R.A. Section 957-3. Attended Sales Promotion. The Secretary of State may issue to a dealer for up to 90 days to operate an attended sales promotion at one or more locations inside this State. A request for an attended sales promotion must be submitted to the Secretary of State at least 48 hours before the proposed promotion date and must contain the proposed promotion dates. The promotion must comply with applicable building codes and zoning and land use ordinances. A new vehicle dealer who requests a permit under this subsection that dealer’s area of responsibility as defined by the dealer’s franchise agreement. A dealer who operates an attended sales promotion at an agricultural fair or other agricultural event is exempt from this subsection. An equipment dealer or trailer dealer is exempt from this subsection if the sales promotion does not include motor vehicles and does not exceed 90 continuous days. A. Fifty dollars if the promotion runs for 7 or fewer days; B. One hundred dollars if the promotion runs for more than 7 but no more than 60 days; and C. One hundred fifty dollars if the promotion runs for more than 60 days but no more than 90 days. Title 29-A M.S.R.A. Section 957-4. Unattended sales promotion. The Secretary of State may issue to a dealer a permit to operate an unattended sales promotion. A request for an unattended sales promotion must be submitted to the Secretary of State at least 48 hours before the proposed promotion and contain the proposed promotion dates, if applicable, a copy of a contract between the dealer and the promotion sponsor. The promotion and any use of a location must comply with applicable building codes and zoning and land use ordinances. A new vehicle dealer who requests a permit under the subsection for a promotion involving new vehicles may not locate the promotion outside that dealer’s area of responsibility as defined by the dealer’s franchise agreement. An equipment dealer or trailer dealer is exempt from this subsection if the sales promotion does not include motor vehicles and does not exceed 90 continuous days. The fee for an unattended sales promotion is: A. Fifty dollars if the promotion runs 7 days or less; B. One hundred dollars if the promotion runs between 8 and 60 days; or C. One hundred fifty dollars if the promotion runs more than 60 days. Note: For charitable events you must provide documents from that organization or sponsor verifying the information. You must provide the name of the sponsor; location; and date (s) the event is being held. - 78 - Permit to Demonstrate This permit is given for only seven (7) days. The permit is issued to show that a vehicle can carry a load of goods. This permit is not to be used with a “leased or rented” vehicle. The permit to demonstrate application must have the complete VIN number of the vehicle being demonstrated as well as the dates. The Dealer Section looks at previous permits to see if the same vehicle for the same customer is requesting another permit. The law allows a permit to demonstrate for only a period of no more than 7 days, you can not apply for a second one that would cause the permit to be for use for more than 7 days. A permit may not be issued to a vehicle or combination of vehicles that are rented or leased. The permit is only valid when a Bureau of Motor Vehicle official signs the request form. If BMV is closed due to a holiday, the permit must be completed for the day following the holiday. The processing fee for a permit to demonstrate is $1.00. - 79 - Application for a Permit to Demonstrate - 80 - Permit to Demonstrate MVD-01A - 81 - 10K Laden Permit MVD-02 A new or used car dealer that possesses a heavy trailer license may purchase a 10K Laden Permit to operate a laden vehicle over 10,000 pounds. An equipment dealer that possesses either a new or used car dealer license along with the heavy trailer license would qualify for this permit. The load must consist of only one automobile, truck or truck-tractor or it may consist of multiple trailers or equipment that the dealer is licensed to sell. Each permit costs $200.00 which expires one year from date of issuance and may be renewed annually. - 82 - Annex Location An annex location occurs when a dealership displays vehicles at a location other than the primary place of business. The licensing requirements for the annex location are the same exact requirements for the primary location. Everything!! Records can be kept at the primary location. There are additional fees applied to the licensing of an annex. Secondary Location A secondary location occurs when a dealership displays vehicles within one mile of the primary. The dealership does not need the “extras” that an annex would need. The secondary only needs to have room enough to display at least two (2) vehicles and a sign. There are additional fees applied to the licensing of a secondary location. Records Keeping With any and all dealer sales to the public, the dealership MUST complete the Certificate of Title Application (MVT-2), Notice of Sale (MVD-15) and sales tax form for the customer. It is not the responsibility of the customer. Dealership records must be kept for a five (5) year period. Share no paperwork with other dealerships (i.e. temporary plates, Transfer of Ownership forms (MVT-16), and Certificate of Title Application (MVT-2). The Bureau of Motor Vehicles keeps record of who is issued these serialized forms. Remember to keep a temporary plate log. Also, remember to keep a list of all full time employees as stated on page 63 in the NOTE area. Remember: Your dealership must possess the properly assigned title at your dealership before displaying or selling a vehicle. - 83 - Dealer License Renewals The renewal checklist is a must for all the forms. All of the renewal forms must be filled out completely to avoid any delays in your dealership’s renewal. All questions on the renewal form must be answered. Dealers must collect a $1.00 fee for every motor vehicle sold to a retail customer, including both new and used vehicles, except light and heavy trailers, equipment, mobile homes, and commercial vehicles with a GVW of 8,500 pounds or more. The fees support consumer arbitration and mediation of disputes. Dealers must list the fee on the sales agreement. The fees for used vehicles must be paid for the twelve (12) month period that your dealer license is issued for. A dealer may include the arbitration fees with the renewal fees in one check made payable to the Secretary of the State. No Filing Fees. There is no filing fees required on the following: A name change ONLY. Address changes due to 911. Addition of an annex or secondary location(s). Addition of another license type (for example light trailer, motorcycle etc.). Filing Fees. There is a filing fee required on the following: Any change in physical location. Change in business type (for example individual to a partnership or corporation). Any corporate change when the corporation still exists (corporate owner(s)). Addition or deletion of partners. Someone buying out an established place of business. - 84 - Dealer License Renewals continued Surety Bonds A dealer other than an equipment and light trailer dealer shall file with the Secretary of State and maintain a surety bond in the following amount, based on the prior year’s sales: $5,000 for 0-50 sales $10,000 for 51-100 sales $15,000 for 101 -150 sales $20,000 for 151-200 sales $25,000 for 201 sales and over The surety bond dates must run at the same time as the license. The other option is to have an open bond in which the insurance company contacts Motor Vehicle with a list of renewals. Insurance Dealer, loaner, transporter, motorcycle, or trailer dealer license and registration plates are not issued until the applicant has filed with the Secretary of State a certificate of insurance showing the applicant is covered by automobile bodily injury and property damage liability insurance. Exempt from the above are equipment dealers or dealers who are licensed to sell trailers with a G.V.W. of 3,000 pounds or less and that do not request dealer registration plates in conjunction with the license. The insurance must insure against any legal liability for personal injury or death of any one person in the sum of $100,000 and for any number of persons in the sum of $300,000 and against property damage in the sum of $100,000 when injury, death or damage may result from or have been caused by the operation of any vehicle bearing dealer plates. In lieu of the insurance, the applicant may file in the amount of at least $100,000 on account of injury to or death of any one person and subject to such limits as respects injury to or death of one person; of at least $300,000 on account of any one accident resulting in injury to or death of more than one person; and of at least $100,000 for damage to property of others. If a dealership has a used or new car dealer license and wants to add a motorcycle or wrecker license, the Dealer Section needs a call from the insurance company stating that the motorcycle or wrecker plates can be added. The Secretary of State has the authority to suspend a motor vehicle dealer license upon the dealer’s failure to maintain insurance and bond requirements. - 85 - - 86 - Used Vehicle Buyer’s Guide - 87 - Used Vehicle Buyer’s Guide Reverse - 88 - Unsafe Motor Vehicle - 89 - 29 250A Chapter 104 Department of State Motor Vehicle Rules for the Used Car Information Act SUMMARY: This Chapter outlines the duties and responsibilities of the Used Car Dealer pursuant to the Used Car Information Act, 10 M.R.S.A. § 1475. MAINE USED CAR INFORMATION ACT STICKER RULE SECTION 1. GENERAL DUTIES OF A USED CAR DEALER A. DEFINITIONS 1. “Consumer” means any person who is not a used vehicle dealer, and a person defined as a “purchaser” at 10 M.R.S.A. § 1471, sub-§6. 2. “Dealer” means any person or legal entity which meets the Used Car Information Act definition of “dealer” at 10 M.R.S.A. § 1471, sub-§2. 3. “Implied warranty” means an implied warranty arising under the Maine Uniform Commercial Code, 11 M.R.S.A. §2-314 (as modified by the MagnusonMoss Act) in connection with the sale by a dealer of a used vehicle. 4. “Mechanical defect” means any defect, failure, or malfunction of the mechanical system if a motor vehicle, including but not limited to the motor and transmission, electrical, hydraulic or suspension system, and any defect, damage, failure, or malfunction that significantly affects the safety or normal use of a motor vehicle. 5. “Motor vehicle” means any vehicle which meets the Used Car Information Act definition of “motor vehicle” at 10 M.R.S.A. § 1471, sub-§4. 6. “Service contract” means a contract in writing for any period of time or any specific mileage to refund, repair, replace, or maintain a used vehicle and provide at an extra charge beyond the price of the used vehicle. 7. “Substantial damage” means damage to the motor vehicle so substantial that if known to the consumer, it would affect the consumer’s decision to purchase the car or the price the consumer would be willing to pay. 8. “Used vehicle” means any vehicle driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer, including “demonstrators” (or company cars), but does not include any vehicle sold only for scrap or parts (title documents surrendered to the state or a salvage certificate issued). Also included in this term is any vehicle which meets the definition of a “reconstructable motor vehicle” at 10 M.R.S.A. § 1471, sub-§6-A. - 90 - 9. “Warranty” means any undertaking in writing, in connection with the sale by a dealer of a used vehicle, to refund, repair, replace, maintain or take other action with respect to such used vehicle and provided at no extra charge beyond the price of the used vehicle. Also included in this Used Car Information Act definition, is any representation by a dealer which meets the definition of “warranty” at 10 M.R.S.A. § 1471, sub-§8. 10. “You” means any dealer, or any gent or employee of a dealer, except where the term appears on the window form required by this rule. B. USED CAR INFORMATION ACT VIOLATIONS 1. Mispresentations. It is a violation of the Maine Used Car Information Act, 10 M.R.S.A. § 1475: (a). To misrepresent in writing the mechanical condition of a used vehicle (verbal misrepresentation may be a violation of common law or statutory law such as the Maine Unfair Trade Practices Act or the Maine Uniform Commercial Code); (b). To misrepresent in writing the terms of any warranty offered in connection with the sale of a used vehicle; and (c). To represent in writing that a used vehicle is sold with a warranty when a vehicle is sold without any warranty. 2. Failure to Disclose. It is a violation of the Maine Used Car Information Act, 10 M.R.S.A. § 1475: (a) To fail to disclose in writing, prior to sale, that a used vehicle is sold without any warranty; and (b) To fail to make available, prior to sale, the terms of any written warranty offered in connection with the sale of a used vehicle. C. CONSUMER SALES – BUYER’S GUIDE WINDOW FORM It is a violation of the Maine Used Car Information Act, 10 M.R.S.A. § 1475, for any dealer to fail to comply with the following requirements: 1. General Duty. Before you offer a used vehicle for transfer or sale to a consumer or another dealer, you must prepare, fill in as applicable and display on that vehicle a “Buyer’s Guide” as required by this Rule. - 91 - (a) Use a side window to display the form so both sides of the form can be read, with the title “Buyer’s Guide” facing to the outside. You may remove a form temporarily from the window during any test drive, but you must return it as soon as the test drive is over. (b) The capitalization, punctuation, and wording of all items, headings, and text on the form, must be exactly as required by this Rule. The entire form must be printed in 100% black ink on a white stock no small than 12 ½ inches high by 8 ½ inches wide in the type styles, sizes, and format indicated in the sample form in Appendix D, with no additions or deletions. 2. Directions for Filling Out Buyer’s Guide. When filling out this Buyer’s Guide form. Follow the directions (a) through (m): (a) Make, Model, Model Year, VIN. Put the vehicle’s name (for example, “Chevrolet”), model (for example, Vega), model year and vehicle identification number (VIN) in the spaces provided. You may write the dealer stock number in the space provided or you may leave this space blank. (b) Prior Use. Put the principal use to which the vehicle was put by the former owner, such as personal transportation, police car, daily rental car, taxi, or other descriptive term. (c) Mechanical Defects. Put a statement identifying any and all mechanical defects known to you at the time of sale. You must make this disclosure even if you have fully repaired the defect. (d) How Acquired. Put the type of sale by which you acquired the vehicle, such as trade-in, sheriff’s sale, repossession, auction, or other description term. (e) Substantial Damage. Put a statement identifying any and all substantial damage that the vehicle has sustained that is known to you, including damage to the body or engine from collision, fire, water, or other causes. You must make this disclosure even if you have fully repaired the damage. (f) Warranty of Inspectability. Except for reconstructable motor vehicles, clearly labeled as an “Unsafe Motor Vehicle”, you cannot sell or transfer a vehicle unless it meets the State inspection standards and displays a valid inspection sticker issued during the last 60 days prior to the date of sale or transfer. This box must be checked unless the vehicle is a reconstructable motor vehicle. - 92 - (g) No Express Warranty Except That Vehicle Can Pass State Inspection. If you offer the vehicle without any dealer express warranty, except the warranty that it can pass inspection, check this box. If you offer the vehicle with a dealer express warranty or with implied warranties, or with both, then check the appropriate boxes below this section of the Buyer’s Guide. (h) Dealer Express Warranty. If you offer the vehicle with an express warranty, briefly describe the warranty terms in this space provided. This description must include the following warranty information: i. Whether the warranty offered is “Full” or “Limited”, mark the box next to the appropriate designation. ii. Which of the specific systems are covered (for example, “engine, transmission, and differential”). You cannot use shorthand, such as “drive train” or “power train” for covered systems. iii. The duration (for example, “30 days or 1,000 miles, whichever occurs first”). iv. The percentage of the repair cost paid by you (for example, “The dealer will pay 100% of the labor and 100% of the parts”). v. If you charge the consumer a deductible for each repair, add the amount in the space provided here or list separate deductibles on the “Duration” line. vi. If the vehicle is still under the manufacturer’s original warranty, you may add the following paragraphs below the “Full/Limited Warranty” disclosure: “MANUFACTURER’S WARRANTY STILL APPLIES. The manufacturer’s original warranty has not expired on the vehicle. Consult the manufacturer’s warranty booklet for details as to warranty coverage, service location, etc.” vii. If, following negotiations, you and the buyer agree to changes in the warranty coverage, mark the changes on the form, as appropriate. If you first offer the vehicle with a warranty, but then sell it without one, cross out the original warranty offer and mark the “no Express Warranty” box. If your express warranty requires the consumer to pay a deductible, enter the amount and terms on the line provided. - 93 - (i) Service Contracts. If you make a service contract available on the vehicle, you must mark the box provided below the warranty disclosure area. (j) Implied Warranties. In many cases you may disclaim the protection provided consumers by the Maine implied warranty laws. These laws include the Warranty of Merchantability (for example, the vehicle is fit for the ordinary purposes for which such vehicles are used) and the Warranty of Fitness (for example, you know the consumer is relying on your specific advice as to whether the car is fit for a particular purpose). Assuming the car is still within its useful life and has not been abused by its other owners, if you have not disclaimed implied warranties (by checking the “No” box), you may be responsible for: i. repairing defects in materials or workmanship that were not apparent when you sold the vehicle; or ii. for accepting back the car if it is not fit for the specific purpose you advised it was suitable for. However, pursuant to the Magnuson-Moss Warranty Act (15 U.S.C. §2301 et seq.), under certain circumstances your right to limit implied warranties is not absolute. For example, if you offer a dealer express warranty then you may only limit implied warranties to the duration of the express warranty and if you wish to so limit them you should check that box. Further, you may not disclaim or limit implied warranties at all if you sell the customer a service contract for the used car within 90 days of the sale of the car. For example, if you sell the purchaser a service contract, you cannot disclaim implied warranties and should not check the Implied Warranty “No” box. (k) Important Information. Prior Owner’s Name Is Available From The Dealer Upon Request. Maine law requires the dealer to promptly disclose, upon request of any person, the name and address of the previous owner of the motor vehicle. (l) Vehicle Returned To Manufacturer. If a used vehicle has been returned to a manufacturer because of warranty defects, you must give consumers any details known to you. (m) Complaints. In the space provided under “Notice of Breach of Warranty” put the name, title and telephone number of the person who should be contacted, of any complaints arise after the sale. If warranty repairs are not to be performed at the dealership, you must put the name, address, and other identifying information of each facility within a radius of 50 miles of the dealer’s place of business to which the vehicle may be brought for repairs, replacement of parts and other service under the warranty. - 94 - D. WINDOW FORM GIVEN TO BUYER 1. Form given to buyer. Give the buyer of a used vehicle sold by you the window form described above containing all of the disclosures required by the Rule and reflecting the warranty coverage agreed upon. If you prefer, you may give the buyer a copy of the original, so long as that copy accurately reflects all of the disclosures required by the Rule and the warranty coverage agreed upon. 2. Incorporated into contract. The information on the final version of the window form is incorporated into the contract of sale for each used vehicle you sell to a consumer. Information on the window form overrides any contrary provisions in the contract of sale. To inform the consumer of these facts, include the following language in 10 pt. bold caps in each consumer contract of sale: The information you see on the window form for this vehicle is part of this contract. Information on the window form, overrides any contrary provisions in the contract or sale. 3. Contrary statements. You may not make any statements, oral or written, or take other actions which alter or contradict the disclosures required above. 4. Warranty negotiations. You may negotiate over warranty coverage, as long as the final warranty terms are described in the contract of sale and summarized on the copy of the window form you give to the buyer. E. UNFAIR TRADE PRACTICES Violations of any of these Rules is prima facie evidence of an unfair trade practice in violation of 5 M.R.S.A. § 207 (1979). - 95 - Dealer Inspection/Disclosure Requirements When a dealer obtains a vehicle, regardless of whether he bought it wholesale, at auction, took it in trade, or bought it out right, he MUST remove the prior inspection sticker. Title 29A M.S.R.A. 1754-2 The dealer MUST have a Maine licensed inspection mechanic do an inspection of the vehicle, prior to placing the vehicle on display or otherwise offering it for sale. Title 10 M.S.R.A. 1474-1 If the vehicle passes inspection, it MUST have: A valid Maine Inspection Sticker which will need to be renewed if it exceeds 60 days old on the day that it is sold to a retail customer Title 29A M.S.R.A. 1754-C AND A properly completed Used Car Buyer’s Guide disclosing the vehicle’s prior use, mechanic defects & collision history even if repaired, and inspection, express & implied warranty information. Title 29A M.S.R.A. 1754-2 If the vehicle fails inspection, it MUST have: NO inspection sticker whatsoever on the windshield AND A properly completed Unsafe Motor Vehicle Certificate disclosing the specific reasons the vehicle failed inspection within 60 days of the sale. Title 10 M.S.R.A. 1474-4 AND A properly completed Used Car Buyer’s Guide disclosing the vehicle’s prior use, mechanic defects & collision history even if repaired. Title 10 M.S.R.A. 1475 - 96 - Important Notes for Used Car Buyers Guide and Unsafe Motor Vehicle Forms Disclosure Information Disclosure form must include any information pertaining to the airbag(s). If an airbag is deployed, watch for fillers. Some other states are not replacing the airbags. Instead, they are placing a “filler” in the airbag space. These cannot be used to sell an inspected vehicle in the state of Maine; only the actual airbag component.. Disclosure is the first thing that an investigator reviews from a dealer’s file when a complaint is filed by a consumer. Used Vehicle Buyer’s Guide Used Vehicle Buyer’s Guide is printed at the Dealer’s expense. You MUST have the buyer sign the back of the Buyer’s Guide. The document fees must be posted on the vehicle. Some dealerships just list the fee on the Used Vehicle Buyer’s Guide. A stamp is a good investment so that the dealership can just stamp “Document Fees $100.00” (You may use 2 way tape or suction cups with tabs so removal of the UCBG during test driving is made easier). The more information that is available to the buyer serves as better protection for you as the selling dealership. List where the vehicle came form (private sale, auction, repo etc.). List what the vehicle was used for (police, business, etc.). Knowledge of damage to vehicle ( $2,000 or greater is considered substantial). List what component parts may have been replaced. An optional check with Car Fax to reveal issues. - 97 - Inspection Sticker The inspection sticker is to be removed when you first acquire the vehicle. The vehicle needs to be inspected with a new sticker or Unsafe Motor Vehicle form . When a consumer purchases a vehicle, the inspection sticker cannot be over 60 days old. The sticker must be current. A dealer plate can be used to move an un-inspected vehicle by the dealer to an inspection station. The vehicle must be safe. Warranty Check the Warranty of Inspectability box on all vehicles you are selling with an inspection sticker. If you are offering an Express warranty, the location where the repairs are to be performed must be indicated on the reverse side of UCBG. If an express warranty is given, it implies that the dealer will assume responsibility of the implied warranties for the duration of the express warranty. Always have SIGNATURES of the buyer(s) on the UCBG to protect dealers. Unsafe Motor Vehicle This is considered a sale with no express or implied warranties. The Unsafe Motor Vehicle form must be filled out completely and signed by the inspection mechanic within 60 days of sale. Must have a UCBG along with the Unsafe Motor Vehicle form. - 98 - Appendix - 99 - Additional Title Scenarios Owner trades or sells to dealer; owner presents title. 1. Owner completes and signs first assignment section on back of title, listing dealer as buyer. Remember, if the back of a title is available, it must be used for transfers and mileage disclosure. 2. Dealer signs first assignment as buyer. 3. When dealer sells retail or wholesale, dealer completes and signs second assignment section on back of title and the next buyer signs. Dealer gives the title to wholesale buyer or sends it in with the title application for retail customer. 4. If vehicle is wholesaled or retailed after the two assignments sections are completed by licensed dealers, further transfers must be done on MVT-16’s, all of which must accompany the next retail buyer’s title application. Owner trades or sells to dealer; lien holder has title. 1. If the person selling or trading the vehicle bought the vehicle after April 29, 1989, assume that the title or Certificate of Lien will be in the lien holder’s possession. 2. According to the Federal rules, when the title comes to the dealer from the lien holder, the dealer must have the person(s) who traded or sold the vehicle complete the first assignment section on the back of the title and sign as seller(s). This must be done before the second assignment section is signed by the next buyer. 3. The dealer signs the first assignment section as buyer. (An MVT-16 may be completed at the time of trade in. When the dealer receives the title from the lien holder, state on the back of the title ‘see attached MVT-16”. 4. A vehicle can not be displayed on the dealership lot until the title and/or Certificate of Lien has been received from the lien holder. The Federal rule require the selling dealer to complete the second assignment on the back of the title and sign as seller, and to obtain the buyer’s signature before giving the title to a wholesale or out of state buyer or sending it in with a Maine title application. - 100 - Owner trades or sells to dealer; owner has lost title. 1. Owner completes and signs the MVT-8, Duplicate Title Request form, indicating intent to transfer to the dealer ($33.00 fee). 2. Dealer countersigns the MVT-8 so the title will be sent to the dealer. 3. Owner completes and signs an MVT-16 listing the dealer as buyer. 4. Dealer signs the MVT-16 as buyer. 5. Dealer submits the MVT-8 and receives the duplicate title. 6. When the dealer sells to a wholesale buyer, the buyer receives the duplicate title, the MVT-16 from the prior owner and another MVT-16 completed and signed by the dealer as seller and signed by the wholesale buyer. Any further transfers must be done on MVT-16’s, all of which must accompany the next retail buyer’s title application. 7. When dealer sells to a retail buyer, the new owner’s title application must be accompanied by the duplicate title, the MVT-16 from the prior owner transferring the vehicle to the dealer, and a final MVT-16 completed and signed by the dealer as seller and signed by the retail buyer. 8. The back of the duplicate Title can not be left blank, open. Please write or stamp “See attached MVT-16” in the reassignment sections. Owner has died; heir or PR (Personal Representative) trades or sells to dealer; title is lost. 1. Dealer completes title application in the name of the PR. The PR or heir signs the title application using their own name. 2. Heir or PR completes MVT-8 listing the deceased as owner but signs their actual name and indicates their intent to transfer to the dealer. 3. Dealer countersigns MVT-8 so the title in heir’s or PR’s name will be sent to the dealer. 4. Heir or PR completes MVT-22 and obtains the usual probate documents, if needed. Surviving joint owner may present a death certificate instead of the MVT-22. - 101 - 5. Heir or PR completes and signs an MVT-16 as seller, indicating the dealer as buyer. 6. Dealer signs MVT-16 as buyer. 7. Dealer submits title application, MVT-8, MVT-22, and $66.00 and receives title in the name of the heir or PR. 8. Any further transfers handled as described before when owner has lost the title and the dealer receives a duplicate and uses an MVT-16 for transfer. Owner has died; heir or personal representative (PR) trades or sells to dealer; Heir or PR has a title with the deceased name as owner. 1. Heir or PR completes and signs first assignment section on back of title as seller, printing and signing their own name. The dealer is listed as buyer. 2. Heir or PR completes MVT-22 and obtains the usual probate documents, if needed. If title lists two names in joint ownership, the surviving joint owner need only present a death certificate instead of the MVT-22. 3. Dealer signs first assignment section as buyer. 4. Any further transfers handled as described before. The MVT-22 (or death certificate) and any other probate documents must also accompany the paperwork. Owner defaults on payments; lien holder repossesses and sells. 1. Lien holder releases the lien on the face of the title. 2. Lien holder completes the MVT-5, Affidavit of Repossession, or the affidavit of repossession on the back of the Certificate of Title (from January 1, 1991 thru October 1, 1996), or the back of the Title (from February 1, 1999 to present). 3. The lien holder completes and signs the first assignment section on the back of the title and obtains the buyer’s signature, hand printed name, and date of sale. 4. All of the above items are sent in with the title application if a retail buyer. If a wholesale (dealer) is the buyer, all of the above must be given to the buyer. Further transfers are handled with the second assignment of ownership and then the MVT-16’s. - 102 - Owner defaults on payments; lien holder has dealer guaranty loan, lien holder repossesses and brings vehicle to dealer. 1. Lien holder releases the lien on the face of the title and gives to dealer along with completed MVT-5, Affidavit of Repossession. 2. Lien holder completes MVT-48, Assignment of Lien, and gives to dealer; OR lien holder completes the first assignment section on the back of the title obtaining the dealer’s signature as buyer. 3. If the dealer sells to a retail buyer, the dealer must submit the buyer’s title application along with the above documents mentioned, and the final transfer on the second assignment of ownership. If the dealer wholesales the vehicle, all documents described above must be given to the buyer. Owner defaults on payments; lien holder has dealer guaranty loan, lien holder transfers lien to dealer, and dealer will repossess. 1. Lien holder releases the lien on the face of the title and gives to dealer. 2. Lien holder completes MVT-48, Assignment of Lien, and gives to dealer. 3. Dealer submits the prior title and the MVT-48 with the title application in the defaulted owner’s name, listing dealer as lien holder. The owner’s signature is waived. 4. Dealer may repossess vehicle upon receipt of title listing dealer as lien holder. (Title section will consider this situation as a “Rush” request). 5. Dealer completes MVT-5, Affidavit of Repossession. 6. Dealer releases lien on the face of the title when selling. - 103 -
© Copyright 2024