2006 Ohio Revised Code - [4505.03.2] 4505.032.Sales of vehicles where physical certificate of title has not been issued.

[§ 4505.03.2] § 4505.032. Sales of vehicles where physical certificate of title has not been issued.
 

(A) (1)  If a person who is not an electronic motor vehicle dealer owns a motor vehicle for which a physical certificate of title has not been issued by a clerk of a court of common pleas and the person sells the motor vehicle to a motor vehicle dealer licensed under Chapter 4517. of the Revised Code, the person is not required to obtain a physical certificate of title to the motor vehicle in order to transfer ownership to the dealer. The person shall present the dealer, in a manner approved by the registrar of motor vehicles, with sufficient proof of the person's identity and complete and sign a form prescribed by the registrar attesting to the person's identity and assigning the motor vehicle to the dealer. Except as otherwise provided in this section, the motor vehicle dealer shall present the assignment form to any clerk of a court of common pleas together with an application for a certificate of title and payment of the fees prescribed by section 4505.09 of the Revised Code. 

In a case in which an electronic certificate of title has been issued and either the buyer or seller of the motor vehicle is an electronic motor vehicle dealer, the electronic motor vehicle dealer instead may inform a clerk of a court of common pleas via electronic means of the sale of the motor vehicle and assignment of ownership of the vehicle. The clerk shall enter the information relating to the assignment, including, but not limited to, the odometer disclosure statement required by section 4505.06 of the Revised Code, into the automated title processing system, and ownership of the vehicle passes to the applicant when the clerk enters this information into the system. The dealer is not required to obtain a physical certificate of title to the vehicle in the dealer's name. 

(2) A clerk shall charge and collect from a dealer a fee of five dollars for each motor vehicle assignment sent by the dealer to the clerk under division (A)(1) of this section. The fee shall be distributed in accordance with section 4505.09 of the Revised Code. 

(B)  If a person who is not an electronic motor vehicle dealer owns a motor vehicle for which a physical certificate of title has not been issued by a clerk of a court of common pleas and the person sells the motor vehicle to a person who is not a motor vehicle dealer licensed under Chapter 4517. of the Revised Code, the person shall obtain a physical certificate of title to the motor vehicle in order to transfer ownership of the vehicle to that person. 
 

HISTORY: 149 v S 59. Eff 10-31-2001; 150 v H 230, § 1, eff. 9-16-04; 151 v H 68, § 101.01, eff. 6-29-05.
 

The effective date is set by § 612.03 of 151 v H 68. 

See provisions of § 6 of H.B. 230 (150 v  - ) following RC § 4501.01. 

 

Effect of Amendments

Section 101.01, 151 v H 68, effective June 29, 2005, in the second paragraph of (A)(1), substituted "an electronic" for "a person who is the owner of a motor vehicle for which a physical", "been issued and either the buyer or seller of" for "not been issued assigns", and "applicant" for "dealer", deleted "to the dealer" from the end of the first sentence, and inserted "physical"; and, in (A)(2), substituted "assignment sent by the dealer to the clerk" for "assigned to the dealer". 

150 v H 230, effective September 16, 2004, rewrote (A)(1); inserted "licensed under Chapter 4517. of the Revised Code" in (B); and made minor stylistic changes.