New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Sales of Vehicles › Section 78.11 - Procedures to be used for certificates of sale

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Procedure for 1972 or older model year
					 vehicles and other vehicles not subject to Certificate of Title Law. Whenever a
					 vehicle which is not subject to the Certificate of Title Law is sold, the
					 following procedure will be used by the dealer:
(1) Certificates of sale must be issued in
					 consecutive order.
(2) Certificates
					 of sale must be prepared by typewriter, ink or indelible pencil; signatures
					 must be written in ink or indelible pencil.
(3) Certificates of sale must contain a
					 complete and correct description of the vehicle, the full name and address of
					 the previous owner, the last registration plate number, the number of the
					 dealer's plate loaned, the number of the temporary certificate of registration
					 issued, the number of any registration plate issued by the dealer, the dates of
					 purchase and sale, and the plate number of the applicant. The box entitled
					 "Purchaser Information:" must contain the name and address of the purchaser or
					 a designee of the purchaser. The Certificate of Title will show this name as
					 the owner. The Certificate of sale must be signed in ink by the person named in
					 the box entitled "Purchaser Information."
(4) Dealers are required to enter on the
					 certificate of sale the weight of the vehicle fully equipped and ready for use
					 on the highway.
(5) Dealers shall
					 sign certificates only at the time of issuing them to purchasers. The signing
					 of certificates in advance of their use is forbidden. A person signing as a
					 partner, corporate officer, or agent, must so indicate below his
					 signature.
(6) The applicable
					 portions of certificates of sale will be completely executed by the dealer and
					 will contain the correct year of manufacture and the same motor, serial or
					 identification number as appears on the vehicle which is to be sold. The dealer
					 must place an entry in each block of the certificate of sale except those
					 portions which are to be completed by the purchaser. In the event the
					 information requested does not apply to the sale, the dealer will place the
					 letters "NA" (not applicable) in that block.
(7) The certificate of sale must set forth
					 the actual residence address of the purchaser. Use of a New York mailing
					 address where the purchaser does not reside in the State at such an address is
					 not permitted. When the purchaser is in military service and has only a
					 military residence address, such address must be used.
(8) Certificates of sale issued for used
					 house trailers need not contain inspection information if the trailers will not
					 be registered. The dealer will mark "Vehicle not to be registered" across the
					 face of all copies of the certificate of sale.
(9) [Reserved]
(10) When a certificate of sale is voided,
					 all copies must be sent to the department.
(11) When a purchaser of a vehicle reports
					 the loss, theft or destruction of a certificate of sale, the dealer is required
					 to issue a replacement. The notation "To replace lost, stolen or destroyed
					 (whichever is appropriate) MV-50 must be placed on the top of the new MV-50.
					 The dealer must immediately report the loss or theft of an MV-50 to the
					 appropriate district office of the Department of Motor Vehicles on a form
					 prescribed by the commissioner (MV-550).
(12) Upon transfer of ownership of a motor
					 vehicle, the mileage shown on that vehicle's odometer must be placed on the
					 certificate of sale in the space provided. If the dealer knows that the mileage
					 indicated on the odometer is less than the mileage actually travelled by the
					 motor vehicle because the odometer is or was broken, repaired, replaced or
					 deliberately reset to a false number, the notation "NOT THE ACTUAL MILEAGE"
					 must be checked. If the dealer knows that the mileage travelled by the vehicle
					 is in excess of the mechanical limits of that odometer, the notation "EXCEEDS
					 MECHANICAL LIMITS" must be checked.
(13) The original of the certificate of sale
					 must be appropriately completed and signed by the retail purchaser after it has
					 been completed by the dealer, except upon the sale of a vehicle included in a
					 fleet sale of five or more vehicles, provided the notation "Fleet Sale" is
					 placed upon each part of the certificate of sale by the dealer. The use of form
					 MV-50.1 on and after June 1, 1991, is prohibited.
(14) This paragraph shall apply if a dealer
					 acquires a motor vehicle by receiving a New York title with a print date
					 earlier than August 1989 or if a dealer acquires a motor vehicle by receiving
					 an out of state title which does not contain full odometer disclosure
					 information.
(i) An odometer disclosure
					 statement (sample form MV-103) must be prepared by the selling dealer for any
					 transfer of ownership transaction for a motor vehicle, whether wholesale or
					 retail. After the seller has completed and signed his portion of the statement,
					 the buyer shall complete any applicable information and shall sign the odometer
					 disclosure statement.
(ii) A dealer
					 shall not acquire a motor vehicle unless a completed odometer disclosure
					 statement (sample form MV-103) accompanies the transfer of ownership.
(iii) This paragraph shall not apply to a
					 transfer of a motor vehicle manufactured in or before model year 2010 or a
					 motor vehicle manufactured in or after the 2011 model year that is twenty or
					 more model years old, but shall apply to every sale of a motor vehicle
					 manufactured in or after the 2011 model year that is nineteen or less model
					 years old.
(iv) The Department of
					 Motor Vehicles shall provide each dealer with a sample of the odometer
					 disclosure statement (sample form MV-103). This sample is Appendix A of these
					 regulations. It is the dealer's responsibility to print, photocopy or purchase
					 the form. The size of the odometer disclosure statement should not exceed 73/8
					 inches in width or 93/4inches in height. The New York State seal and the
					 Department of Motor Vehicles logo are optional. Other seals and logos may be
					 substituted.
(v) On a retail
					 transaction, if the dealer submits the application for title or registration or
					 both, the dealer shall submit one copy of the odometer disclosure statement
					 (sample form MV-103) to the Department of Motor Vehicles, give one copy to the
					 purchaser to keep and retain one copy in its records. On a retail transaction,
					 if the ownership papers are given to the purchaser, the dealer shall give two
					 copies of the odometer disclosure statement (sample form MV-103) to the
					 purchaser and retain one copy in its records. On a retail transaction) the
					 selling dealer shall give the purchaser one copy of the odometer disclosure
					 statement (sample form MV-103) and retain one copy for its records.
(vi) Dealers shall retain a copy of all
					 odometer disclosure statements (sample form MV-103) for five years and such
					 records shall be available for inspection.
(15) If the odometer disclosure information
					 is on the certificate of sale (form MV-50), then one or two copies of the
					 certificate of sale must be given to the purchaser as follows:
(i) On a retail transaction, if the dealer
					 submits the application for title or registration or both, the dealer shall
					 give the customer copy of the certificate of sale to the purchaser to
					 keep.
(ii) On a retail transaction,
					 if the ownership papers are given to the purchaser, the dealer shall give the
					 purchaser the original certificate of sale to submit with the application for
					 title or registration or both and the customer copy of the certificate of sale
					 to keep.
(iii) On a wholesale
					 transaction, the selling dealer shall give the purchaser the original
					 certificate of sale to be attached to the certificate of sale which the
					 purchaser writes and the customer copy of the certificate of sale to
					 keep.
(iv) The certificate of sale
					 must be signed by both the dealer and the purchaser even if the purchaser does
					 not take possession of the vehicle at the dealer's place of business. The
					 dealer delivering the vehicle to the customer should bring the top three copies
					 of a wholesale or retail certificate of sale to the purchaser for signature.
					 The dealer shall write on the remaining copy of the certificate of sale:
					 "original signed by purchaser."