2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 11 - Certificate of Title and Security Interests
1111 - Transfer of ownership of vehicle.

     § 1111.  Transfer of ownership of vehicle.
        (a)  Duty of transferor.--In the event of the sale or
     transfer of the ownership of a vehicle within this Commonwealth,
     the owner shall execute an assignment and warranty of title to
     the transferee in the space provided on the certificate or as
     the department prescribes, sworn to before a notary public or
     other officer empowered to administer oaths or verified by a
     wholesale vehicle auction licensed by the State Board of Vehicle
     Manufacturers, Dealers and Salespersons, or its employee, or an
     issuing agent who is licensed as a vehicle dealer by the State
     Board of Vehicle Manufacturers, Dealers and Salespersons, or its
     employee, and deliver the certificate to the transferee at the
     time of the delivery of the vehicle.
        (a.1)  Exception for dealers.--When a certificate of title
     for a vehicle acquired by a licensed dealer for the purpose of
     resale is encumbered by a lien, delivery of the certificate of
     title by the dealer as a transferor at the time of delivery of
     the vehicle upon resale shall not be required for a vehicle
     being titled in this Commonwealth if, prior to delivery of the
     vehicle, the dealer obtains the applicable powers of attorney to
     properly execute transfer of the title and the dealer requests
     and receives the departmental verification of any lienholders,
     ownership, odometer information, title brands and any other
     information that the department deems necessary to be verified.
     Upon payment of the established fee, the department shall
     provide the dealer or authorized messenger service with
     verification of the required information. The department may
     supply the verified information by either written or electronic
     means. The application and a properly assigned certificate of
     title shall be delivered to the department within the time
     period prescribed by section 1103.1 (relating to application for
     certificate of title). If a dealer sells a vehicle after
     verification of the required information for a certificate of
     title encumbered by a lien, but fails to satisfy the lien or
     deliver an assignment and warranty of title to the dealer's
     transferee within 90 days of the date of purchase, and this
     failure is the result of an act or omission by the dealer, the
     dealer shall accept return of the vehicle from the transferee
     and shall refund the purchase price less actual depreciation of
     the vehicle while it was within the possession of the
     transferee. In refunding the purchase price, the price shall
     include the listed dollar value of any trade-in vehicle as
     stated in the sales transaction document in lieu of returning
     the transferee's trade-in vehicle.
        (a.2)  Exception for sales at licensed wholesale auctions.--
     In the event of the offering for sale or transfer of a vehicle
     between automobile dealers licensed by this Commonwealth or
     another state at a wholesale vehicle auction which is licensed
     by the State Board of Vehicle Manufacturers, Dealers and
     Salespersons as a wholesale vehicle auction, the licensed dealer
     need not execute an assignment and warranty of title to the
     transferee at the time of the offering of the vehicle for sale
     if, prior to the offering of the sale of the vehicle, it is
     noted that the title is not present. The transferor shall
     deliver a properly assigned and warranted title to that
     transferee within ten days of the date that the vehicle was
     offered for sale, and the sale shall not be consummated until
     the transferor has delivered the title to the transferee.
        (b)  Duty of transferee.--Except as otherwise provided in
     section 1113 (relating to transfer to or from manufacturer or
     dealer), the transferee shall, within ten days of the assignment
     or reassignment of the certificate of title, apply for a new
     title by presenting to the department the properly completed
     certificate of title, sworn to before a notary public or other
     officer empowered to administer oaths or verified before an
     issuing agent, who is licensed as a vehicle dealer by the State
     Board of Vehicle Manufacturers, Dealers and Salespersons, or its
     employee, and accompanied by such forms as the department may
     require.
        (b.1)  Transfers relating to the RESET program.--A motor
     vehicle transferred to the Commonwealth or a political
     subdivision for use in the RESET program administered under
     section 405.1 of the act of June 13, 1967 (P.L.31, No.21), known
     as the Public Welfare Code, shall not be subject to sales or use
     tax under Article II of the act of March 4, 1971 (P.L.6, No.2),
     known as the Tax Reform Code of 1971, upon the removal of the
     vehicle from inventory by any:
            (1)  motor vehicle dealer, importer or wholesaler; or
            (2)  "broker," "dealer" or "distributor," as defined in
        section 2 of the act of December 22, 1983 (P.L.306, No.84),
        known as the Board of Vehicles Act.
        (c)  Penalty.--Any person violating subsection (a) shall be
     guilty of a summary offense and shall, upon conviction, be
     sentenced:
            (1)  For a first offense, to pay a fine of $100.
            (2)  For a subsequent offense, to pay a fine of not less
        than $300 nor more than $1,000.
     (July 10, 1984, P.L.679, No.146, eff. 60 days; Dec. 20, 1995,
     P.L.666, No.74; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;
     July 14, 2005, P.L.285, No.50, eff. 60 days)

        2005 Amendment.  Act 50 amended subsec. (a).
        Cross References.  Section 1111 is referred to in section
     1113 of this title.