C.R.S. Section 42-6-148
Off-highway vehicles

  • sales

(1)

Intentionally left blank —Ed.

(a)

Unless the owner has obtained a certificate of title for an off-highway vehicle under this article, a person shall not sell the off-highway vehicle and a vehicle dealer shall not purchase the off-highway vehicle; except that the dealer may purchase an off-highway vehicle without a certificate of title if the vehicle has never been titled and was originally purchased in:

(I)

Colorado before July 1, 2014; or

(II)

A foreign jurisdiction that does not or did not issue certificates of title to off-highway vehicles when purchased.

(b)

If an off-highway vehicle dealer purchases an off-highway vehicle without a certificate of title, the dealer shall before finalizing the purchase require the seller to sign an affidavit that:

(I)

Is made under penalty of perjury;

(II)

States whether the vehicle is subject to a lien interest, and if there is a lienholder, the name of the lienholder;

(III)

States that the seller owns the off-highway vehicle;

(IV)

Indicates how long the seller has owned the off-highway vehicle; and

(V)

Contains a warning to the seller that falsifying the affidavit is perjury because the affidavit is submitted to a public official.

(c)

Upon being contacted by a powersports vehicle dealer, a law enforcement agency shall check the Colorado crime information center computer system to ascertain if the off-highway vehicle has been reported stolen. If the off-highway vehicle has been stolen, the agency shall recover and secure the vehicle and notify its rightful owner. Upon the release of the off-highway vehicle to the owner or lienholder, the agency shall adjust or delete the entry in the Colorado crime information center computer system.

(d)

To obtain a title for an off-highway vehicle that an off-highway vehicle dealer purchased without a certificate of title, the dealer must present to the department an affidavit as described in paragraph (b) of this subsection (1), signed by the seller from whom the off-highway vehicle dealer acquired the off-highway vehicle.

(e)

A sale or purchase made in violation of this subsection (1) is void.

(2)

A current off-highway vehicle registration issued under article 14.5 of title 33, C.R.S., is sufficient evidence of ownership to issue a certificate of title under this part 1 if the off-highway vehicle was first purchased in Colorado before July 1, 2014, and has been registered for at least one year.

(3)

Until an off-highway vehicle is issued a certificate of title, the attachment, recording, perfection, priority, renewal, extension, modification, releasing, termination, foreclosure, and any other aspect of a security interest in an off-highway vehicle is governed by the “Uniform Commercial Code”, title 4, C.R.S.

Source: Section 42-6-148 — Off-highway vehicles - sales, 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

§ 42-6-148’s source at colorado​.gov