Colorado § 42-6-119 - Certificates for vehicles registered in other states.

§ 42-6-119. Certificates for vehicles registered in other states.

(1) When a resident of the state acquires the ownership of a motor or off-highway vehicle for which a certificate of title has been issued by a state other than Colorado, the person acquiring the vehicle shall apply to the director or an authorized agent for the filing of a certificate of title as in other cases.

(2) If a dealer acquires the ownership of a motor or off-highway vehicle by lawful means and the vehicle is titled under the laws of a state other than Colorado, the dealer need not file a Colorado certificate of title for the vehicle so long as the vehicle remains in the dealer's possession and at the dealer's place of business solely for the purpose of sale.

(3) Upon the sale by a dealer of a motor or off-highway vehicle, the certificate of title to which was issued in a state other than Colorado, the dealer shall, within thirty days after the sale, deliver or facilitate the delivery to the purchaser the certificate of title, duly and properly endorsed or assigned to the purchaser, with a statement by the dealer containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S., and setting forth the following:

(a) That the dealer, by the execution of the affidavit, warrants to the purchaser and all persons who claim through the named purchaser that, at the time of the sale, transfer, and delivery by the dealer, the vehicle described was free and clear of all liens and mortgages except as might appear in the certificate of title;

(b) That the vehicle is not a stolen vehicle; and

(c) That the dealer had good, sure, and adequate title to, and full authority to sell and transfer, the vehicle.

(4) (a) Except as otherwise provided in subsection (4)(b) of this section, if the purchaser of the vehicle completes and includes the vehicle identification number inspection form as part of the application for filing of a Colorado certificate of title to the vehicle and accompanies the application with the affidavit required by subsection (3) of this section and the duly endorsed or assigned certificate of title from a state other than Colorado, a Colorado certificate of title may be filed in the same manner as upon the sale or transfer of a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed. Upon the filing by the director or the authorized agent of the certificate of title, the director or the authorized agent may dispose of the certificate of title and shall record the certificate of title as provided in section 42-6-124.

(b) If an applicant for the filing of a Colorado certificate of title for a vehicle for which another state has issued a certificate of title presents either a copy of a manufacturer's certificate of origin or a purchase receipt from the dealer or the out-of-state seller from whom the applicant purchased the vehicle and either document indicates that the applicant purchased the vehicle as new, the applicant need not include a vehicle identification number inspection form as part of the application.

Source: L. 94: Entire title amended with relocations, p. 2457, § 1, effective January 1, 1995. L. 95: (3) and (5) amended, p. 158, § 1, effective July 1. L. 2000: (1), (2), and (4) amended, p. 1662, § 13, effective July 1, 2001. L. 2005: Entire section amended, p. 816, § 17, effective August 8. L. 2013: Entire section amended, (SB 13-280), ch. 407, p. 2384, § 15, effective June 5. L. 2017: (4) amended, (HB 17-1105), ch. 44, p. 130, § 3, effective March 16.

Editor's note: This section is similar to former § 42-6-118 as it existed prior to 1994, and the former § 42-6-119 was relocated to § 42-6-120.

ANNOTATION

Annotator's note. Since § 42-6-119 is similar to § 42-6-118 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included in the annotations to this section.

These provisions are more than merely administrative, they are mandatory. Amarillo Auto Auction, Inc. v. Hutchinson, 135 Colo. 320, 310 P.2d 715 (1957).

And strict compliance is required. The general assembly concluded as a matter of public protection that all the right or interest of any kind in and to an automobile is wrapped up in, and subject to, a strict compliance with the law concerning the certificate of title. Amarillo Auto Auction, Inc. v. Hutchinson, 135 Colo. 320, 310 P.2d 715 (1957).

Out-of-state vehicles are in interstate commerce while being auctioned in this state. Motor vehicles brought into the state from other states exclusively for sale to other dealers at an auction and which, when bought at such auctions, are transported by the purchaser from this state to other states, are at all times in interstate commerce when being brought to auction, sold at auction, or transported from auction into other states. Jesse M. Chase Casper Co. v. Fugate, 128 F. Supp. 244 (D. Colo. 1955).

In an interdealer transfer, the transferee dealer was required to have only the certificates of title from another state and possession at his place of business for sale. The transferor dealer, having parted with all evidence of ownership, had no title on which to predicate a claim for conversion. Finance Corp. v. Bauer, 167 Colo. 519, 448 P.2d 791 (1968).