Maine Legislature, Session 121, LD 1233
Committee Amendment CA_A_H256 (House)
Amends: 29-A MRSA §705, 29-A MRSA §706

COMMITTEE AMENDMENT ,,/}., to H.P. 907, L.D. 1233, Bill, "An 
Act To Amend the Motor Vehicle Laws" 
Amend the bill in section 1 in subsection 3 by striking out 
all of the 2nd blocked paragraph (page 1, lines 31 to 36 in L.D.) 
and inserting in its place the following: 
'A dealer is not subject to the provisions of this subsection if 
that dealer offers for sale to consumers a used motor vehicle 
that has been obtained by the dealer through an auction located 
outside the State at which buyers are limited to licensed dealers 
and the seller of the used motor vehicle is neither a resident of 
this State nor a dealer licensed in this State, if the dealer 
clearly discloses on the written disclosure statement required by 
subsections 
and 
2-A that the vehicle was 
acquired at 
an 
out-of-state auction and that historical information regarding 
mechanical defects and substantial damage is not available. ' 
Further amend the bill by striking out all of sections 3 and 
and inserting in their place the following: 
'Sec. 3. 29-A MRSA §705, sub-§4, as enac ted by PL 2001, 
c . 
671, §16, is amended to read: 
4. 
Remedies. 
The remedies set forth in this section are in 
addition to those set forth in section 668. 
Page l-LR1255(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. n 
.. to H.P. 907, L.D. 1233 
A. 
The 
owner 
and 
subordinate 
lienholder, 
if any, 
may 
recover $999 $1,000 in each case from a lienholder who fails 
to release the security interest and deliver the certificate 
of title, certificate of lien or certificate of salvage 
within 14 days 
a~~eF-aemaaa of receipt of funds intended to 
satisfy the security interest of the lienholder under this 
section, 
unless, 
within 
the 
14-day 
time 
period, 
the 
lienholder notifies 
the 
owner 
that satisfaction of 
the 
security interest is in dispute. 
B. 
If a lienholder fails to release the security interest 
and deliver the certificate of title, certificate of lien or 
certificate of salvage within 14 days after demand under 
this 
section 
and 
has 
not 
notified 
the 
owner 
that 
satisfaction of the security interest is in dispute, the 
Secretary of State may 
revoke the certificate 
e~--~i~ler 
eeFtj,~j,eate--o.f--l~ea-~--eeFt~~~eate--o.f--salya~e and issue a 
replacement certificate omitting the security interest upon 
receipt of a 
statement by the owner that 14 days have 
elapsed since demand for release of the security interest 
was 
made 
and 
the 
owner 
has 
not 
been notified by 
the 
lienholder that satisfaction of the security interest is in 
dispute. 
Submission of a false statement to the Secretary 
of State under this subsection is a Class E crime. 
Sec. 4. 29-A MRSA §706, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
§706. Lienholder to furnish information 
Upon request of the owner, another lienholder named on the 
certificate of title or certificate of salvage or a dealer to 
which 
the vehicle 
has 
been transferred, 
a 
lienholder 
shall 
disclose pertinent information as to the security agreement, the 
indebtedness 
secured 
by 
that 
agreement, 
the 
existence 
and 
identity of subordinate lienholders on the certificate of title 
or certificate of salvage or other written documentation held by 
the lienholder and ~ certificate of title or certificate of 
salvage numbers. I 
SUMMARY 
This 
amendment clarifies that motor vehicle dealers who 
obtain motor vehicles at an auction outside the State are exempt 
from the requirement that they obtain from the sellers of those 
vehicles a written disclosure statement, if the dealer clearly 
specifies on the written disclosure statement required by the 
Maine Revised Statutes, Title 10, section 1475, subsections 1 and 
2-A that the vehicle was acquired at an out-of-state auction and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .p" to H.P. 907, L.D. 1233 
that historical 
information 
regarding mechanical 
defects 
and 
substantial damage is not available. The amendment also clarifies 
that, under the additional provision of the bill, a lienholder, 
at the request of the owner, shall disclose only the existence 
and identity of subordinate lienholders listed on the certificate 
of 
title, 
the 
certificate 
of 
salvage 
or 
other 
written 
documentation held by the lienholder. 
COMMITTEE AMENDMENT