C.R.S. Section 42-6-109
Sale or transfer of vehicle

  • program

(1)

Except as provided in section 42-6-113, a person shall not sell or otherwise transfer a motor or off-highway vehicle to a purchaser or transferee without delivering to the purchaser or transferee a certificate of title to the vehicle duly transferred in the manner prescribed in section 42-6-110. Except as provided in subsection (2) of this section, the certificate of title may be in an electronic format. Except as provided in section 42-6-115, a purchaser or transferee does not acquire any right, title, or interest in and to a motor or off-highway vehicle purchased by the purchaser or transferee unless and until he or she obtains from the transferor the certificate of title duly transferred in accordance with this part 1. A lienholder may request either a paper or electronic version of a certificate of title.

(2)

Except as provided in section 42-6-115, a paper copy of a certificate of title is necessary for a transaction in which:

(a)

Either party to the transaction is located outside Colorado; or

(b)

The purchaser pays for a motor or off-highway vehicle entirely with cash.

(3)

Intentionally left blank —Ed.

(a)

Beginning January 1, 2019, the department shall implement a voluntary program for an owner of a motor vehicle to notify the department or an authorized agent after ownership of the motor vehicle is transferred to another person in accordance with subsections (1) and (2) of this section.

(b)

A report of ownership transfer is properly filed if the report is made in a manner, which may include by electronic means, approved by the department and received by the department or authorized agent within five business days after the transfer of ownership, and includes the following:

(I)

The date and time of sale or transfer;

(II)

The full name of the owner of the motor vehicle before the transfer;

(III)

The vehicle identification number of the motor vehicle; and

(IV)

An affidavit, signed under penalty of perjury, that the requirements for the transfer of ownership in subsections (1) and (2) of this section have been satisfied.

(c)

The department shall:

(I)

Provide or approve one or more methods for reporting the transfer of ownership;

(II)

Notify, with the owner’s registration renewal information, the owner of a motor vehicle of the option to report the transfer of ownership of a motor vehicle;

(III)

Notify the public of the option to report a transfer of ownership of a motor vehicle;

(IV)

Place instructions on each certificate of title document issued on or after August 8, 2018, for reporting the transfer of ownership of a motor vehicle; and

(V)

Forward a copy of the report to each lienholder of record.

(d)

Intentionally left blank —Ed.

(I)

If an owner reports a bona fide transfer of ownership of a motor vehicle in accordance with this section, the owner is not liable in or subject to any civil or criminal action brought against the following after the motor vehicle was transferred:

(A)

The operator of the motor vehicle, arising from the use of the motor vehicle; and

(B)

The motor vehicle.

(II)

This subsection (3)(d) does not apply to a civil or criminal action if the action is brought against the owner for the owner’s:

(A)

Negligence in permitting the purchaser to drive the motor vehicle at the time of sale;

(B)

Failure to comply with any law governing the sale of the motor vehicle;

(C)

Negligence in selling the motor vehicle;

(D)

Material misstatement or omission about the condition of the motor vehicle; or

(E)

Failure to make any disclosure required by law.

(e)

A report filed under this subsection (3) does not extinguish or impair the rights of any lienholder.

(f)

This subsection (3) does not require the owner who transfers a motor vehicle to another person to report the sale to the department in accordance with this subsection (3).

(4)

Intentionally left blank —Ed.

(a)

A record covered by this article 6, including a certificate of title, a document necessary to issue a certificate of title, or a signature on the record or document may not be denied legal effect, validity, or enforceability solely because it is in the form of an electronic record, document, or signature. Except as otherwise provided in this article 6, if a rule of law requires a record to be in writing or provides consequences if it is not, an electronic record satisfies that rule of law.

(b)

For a record, document, or signature to be legally effective, valid, or enforceable, a person need not obtain a written power of attorney solely because the record, document, or signature is in an electronic form.

(c)

This subsection (4) applies to and in a court of law.

(d)

This subsection (4) does not require the department to implement a system to electronically accept records, documents, or signatures.

Source: Section 42-6-109 — Sale or transfer of vehicle - program, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑6‑101
Short title 42‑6‑102
Definitions 42‑6‑103
Application 42‑6‑104
Administration - rules 42‑6‑106
Certificates of registration - plates 42‑6‑107
Certificates of title - contents - rules 42‑6‑109
Sale or transfer of vehicle - program 42‑6‑110
Certificate of title - transfer - department records - rules - definition 42‑6‑110.5
Certificates of title - arrangements for transfer of title upon death - beneficiary designation forms - definitions 42‑6‑111
Sale to dealers - certificate need not issue 42‑6‑112
Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage - penalty 42‑6‑113
New vehicles - bill of sale - certificate of title - rental businesses - rules 42‑6‑114
Transfers by bequest, descent, or law 42‑6‑115
Furnishing bond for certificates 42‑6‑116
Applications for filing of certificates of title - rules 42‑6‑117
Filing of certificate 42‑6‑118
Amended certificate 42‑6‑119
Certificates for vehicles registered in other states 42‑6‑120
Security interests upon vehicles 42‑6‑121
Filing of mortgage - rules 42‑6‑122
Disposition of mortgages by agent - rules 42‑6‑123
Disposition after mortgaging 42‑6‑124
Disposition of certificates of title 42‑6‑125
Release of mortgages - rules 42‑6‑126
New certificate upon release of mortgage 42‑6‑127
Duration of lien of mortgage - extensions - rules 42‑6‑128
Validity of mortgage between parties 42‑6‑129
Second or other junior mortgages 42‑6‑130
Priority of secured interests 42‑6‑131
Mechanic’s, warehouse, and other liens 42‑6‑133
Foreign mortgages and liens 42‑6‑134
Where application for certificates of title made 42‑6‑135
Lost certificates of title 42‑6‑136
Surrender and cancellation of certificate - penalty for violation 42‑6‑136.5
Salvage title 42‑6‑137
Fees 42‑6‑138
Disposition of fees 42‑6‑139
Registration and title application - where made 42‑6‑140
Registration upon becoming resident 42‑6‑141
Director’s records to be public 42‑6‑142
Penalties 42‑6‑143
Altering or using altered certificate 42‑6‑144
False oath 42‑6‑145
Use of vehicle identification numbers in applications - rules 42‑6‑146
Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty 42‑6‑147
Central registry - rules 42‑6‑148
Off-highway vehicles - sales 42‑6‑201
Definitions 42‑6‑202
Prohibited acts - penalty 42‑6‑204
Private civil action 42‑6‑205
Consumer protection 42‑6‑206
Disclosure requirements upon transfer of ownership of a salvage vehicle - rules - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 42-6-109’s source at colorado​.gov