28-4409. Evidence of ownership requirement;
exception
A. Except as provided in section 28-4410:
1. Each dealer in motor vehicles, trailers and semitrailers, including
manufacturers who sell to other than dealers, having possession of a motor vehicle,
trailer or semitrailer shall have at the same time either:
(a) Possession of a duly and regularly assigned certificate of title to the
vehicle.
(b) Reasonable indicia of ownership or right of possession as provided in section
28-4410.
2. A dealer or manufacturer shall not offer for sale or sell a motor vehicle,
trailer or semitrailer until the dealer or manufacturer has obtained a certificate of
title to the motor vehicle, trailer or semitrailer, except that a certificate of title is
not required for a new motor vehicle sold by manufacturers to dealers.
B. A wholesale motor vehicle auction dealer is exempt from the requirement of
having to possess a duly and regularly assigned certificate of title and from other
requirements relating to the reassignment of title documents and disclosures to
buyers. A wholesale motor vehicle auction dealer may buy or sell a motor vehicle at
wholesale in the wholesale motor vehicle auction dealer's own name if the wholesale motor
vehicle auction dealer complies with the provisions of this title relating to
certificates of title, reassignments of title documents and disclosures to buyers.
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