IC 9-17-3
    Chapter 3. Expiration, Replacement, and Transfer of Certificatesof Title

IC 9-17-3-0.5
"Third party"
    Sec. 0.5. As used in this chapter, "third party" means a personhaving possession of a certificate of title for a:
        (1) motor vehicle;
        (2) semitrailer; or
        (3) recreational vehicle;
because the person has a lien or an encumbrance indicated on thecertificate of title.
As added by P.L.268-2003, SEC.7.

IC 9-17-3-1
Validity of title; renewal
    Sec. 1. (a) A certificate of title is valid for as long as the vehiclefor which the certificate of title has been issued is owned or held bythe person who originally held the certificate of title.
    (b) A certificate of title does not have to be renewed except asotherwise provided.
As added by P.L.2-1991, SEC.5.

IC 9-17-3-2
Loss, mutilation, or destruction; application for duplicate;requirements
    Sec. 2. (a) If a certificate of title:
        (1) is lost;
        (2) is mutilated;
        (3) is destroyed; or
        (4) becomes illegible;
the person who owns the vehicle or the legal representative or legalsuccessor in interest of the person who owns the vehicle for whichthe certificate of title was issued, as shown by the records of thebureau, shall immediately apply for and may obtain a duplicatecertificate of title.
    (b) To obtain a duplicate certificate of title under subsection (a),a person must:
        (1) furnish information satisfactory to the bureau concerning theloss, mutilation, destruction, or illegibility of the certificate oftitle; and
        (2) pay the fee provided under IC 9-29.
    (c) The word "duplicate" shall be printed or stamped in ink on theface of a certificate of title issued under this section.
    (d) When a duplicate certificate of title is issued, the previouscertificate of title becomes void.
As added by P.L.2-1991, SEC.5.

IC 9-17-3-3 Transfer of title; sale of vehicle without certificate of title; failureto deliver certificate of title
    Sec. 3. (a) If a vehicle for which a certificate of title has beenissued is sold or if the ownership of the vehicle is transferred in anymanner other than by a transfer on death conveyance under section9 of this chapter, the person who holds the certificate of title must dothe following:
        (1) Endorse on the certificate of title an assignment of thecertificate of title with warranty of title, in a form printed on thecertificate of title, with a statement describing all liens orencumbrances on the vehicle.
        (2) Except as provided in subdivisions (4) and (5), deliver thecertificate of title to the purchaser or transferee at the time ofthe sale or delivery to the purchaser or transferee of the vehicle,if the purchaser or transferee has made all agreed upon initialpayments for the vehicle, including delivery of a trade-invehicle without hidden or undisclosed statutory liens.
        (3) Unless the vehicle is being sold or transferred to a dealerlicensed under IC 9-23-2, complete all information concerningthe purchase on the certificate of title, including, but not limitedto:
            (A) the name and address of the purchaser; and
            (B) the sale price of the vehicle.
        (4) In the case of a sale or transfer between vehicle dealerslicensed by this state or another state, deliver the certificate oftitle within twenty-one (21) days after the date of the sale ortransfer.
        (5) Deliver the certificate of title to the purchaser or transfereewithin twenty-one (21) days after the date of sale or transfer tothe purchaser or transferee of the vehicle, if all of the followingconditions exist:
            (A) The seller or transferor is a vehicle dealer licensed bythe state under IC 9-23.
            (B) The vehicle dealer is not able to deliver the certificate oftitle at the time of sale or transfer.
            (C) The vehicle dealer reasonably believes that it will beable to deliver the certificate of title, without a lien or anencumbrance on the certificate of title, within the twenty-one(21) day period.
            (D) The vehicle dealer provides the purchaser or transfereewith an affidavit under section 3.1 of this chapter.
            (E) The purchaser or transferee has made all agreed uponinitial payments for the vehicle, including delivery of atrade-in vehicle without hidden or undisclosed statutoryliens.
    (b) A licensed dealer may offer for sale a vehicle for which thedealer does not possess a certificate of title, if the dealer can complywith subsection (a)(4) or (a)(5) at the time of the sale.
    (c) A vehicle dealer who fails to deliver a certificate of title withinthe time specified under this section is subject to the following civil

penalties:
        (1) One hundred dollars ($100) for the first violation.
        (2) Two hundred fifty dollars ($250) for the second violation.
        (3) Five hundred dollars ($500) for all subsequent violations.
Payment shall be made to the secretary of state and deposited in thestate general fund. In addition, if a purchaser or transferee does notreceive a valid certificate of title within the time specified by thissection, the purchaser or transferee shall have the right to return thevehicle to the vehicle dealer ten (10) days after giving the vehicledealer written notice demanding delivery of a valid certificate of titleand the dealer's failure to deliver a valid certificate of title within thatten (10) day period. Upon return of the vehicle to the dealer in thesame or similar condition as delivered to the purchaser or transfereeunder this section, the vehicle dealer shall pay to the purchaser ortransferee the purchase price plus sales taxes, finance expenses,insurance expenses, and any other amount paid to the dealer by thepurchaser.
    (d) For purposes of this subsection, "timely deliver", with respectto a third party, means to deliver to the purchaser or transferee witha postmark dated or hand delivered not more than ten (10) businessdays after there is no obligation secured by the vehicle. If the dealer'sinability to timely deliver a valid certificate of title results from theacts or omissions of a third party who has failed to timely deliver avalid certificate of title to the dealer, the dealer is entitled to claimagainst the third party one hundred dollars ($100). If:
        (1) the dealer's inability to timely deliver a valid certificate oftitle results from the acts or omissions of a third party who hasfailed to timely deliver the certificate of title in the third party'spossession to the dealer; and
        (2) the failure continues for ten (10) business days after thedealer gives the third party written notice of the failure;
the dealer is entitled to claim against the third party all damagessustained by the dealer in rescinding the dealer's sale with thepurchaser or transferee, including the dealer's reasonable attorney'sfees.
    (e) If a vehicle for which a certificate of title has been issued byanother state is sold or delivered, the person selling or delivering thevehicle must deliver to the purchaser or receiver of the vehicle aproper certificate of title with an assignment of the certificate of titlein a form prescribed by the bureau.
    (f) The original certificate of title and all assignments andsubsequent reissues of the certificate of title shall be retained by thebureau and appropriately classified and indexed in the mostconvenient manner to trace title to the vehicle described in thecertificate of title.
    (g) A dealer shall make payment to a third party to satisfy anyobligation secured by the vehicle within five (5) days after the dateof sale.
As added by P.L.2-1991, SEC.5. Amended by P.L.60-1994, SEC.1;P.L.2-1995, SEC.42; P.L.59-1998, SEC.1; P.L.268-2003, SEC.8;

P.L.97-2004, SEC.37; P.L.106-2008, SEC.4; P.L.83-2008, SEC.4;P.L.131-2008, SEC.42; P.L.1-2009, SEC.79.

IC 9-17-3-3.1
Affidavit of transferring vehicle dealer
    Sec. 3.1. The affidavit required by section 3(a)(5) of this chaptershall be printed in the following form:
STATE OF INDIANA    )
    ) ss:
COUNTY OF ____________    )
    I affirm under the penalties for perjury that all of the followingare true:
        (1) That I am a dealer licensed under IC 9-23-1.
        (2) That I cannot deliver a valid certificate of title to the retailpurchaser of the vehicle described in paragraph (3) at the timeof sale of the vehicle to the retail purchaser. The identity of theprevious seller or transferor is__________________________. Payoff of lien was made on(date)_______. I expect to deliver a valid and transferablecertificate of title not later than (date)_______________ fromthe (State of)________ to the purchaser.
        (3) That I will undertake reasonable commercial efforts toproduce the valid certificate of title. The vehicle identificationnumber is __________________.
        Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THISAFFIDAVIT.
___________________________________
Customer Signature

NOTICE TO THE CUSTOMER


    If you do not receive a valid certificate of title within the timespecified by this affidavit, you have the right to return the vehicle tothe vehicle dealer ten (10) days after giving the vehicle dealer writtennotice demanding delivery of a valid certificate of title and after thevehicle dealer's failure to deliver a valid certificate of title within thatten (10) day period. Upon return of the vehicle to the vehicle dealerin the same or similar condition as when it was delivered to you, thevehicle dealer shall pay you the purchase price plus sales taxes,finance expenses, insurance expenses, and any other amount that youpaid to the vehicle dealer.
    If a lien is present on the previous owner's certificate of title, it isthe responsibility of the third party lienholder to timely deliver thecertificate of title in the third party's possession to the dealer notmore than ten (10) business days after there is no obligation securedby the vehicle. If the dealer's inability to deliver a valid certificate oftitle to you within the above-described ten (10) day period resultsfrom the acts or omissions of a third party who has failed to timelydeliver the certificate of title in the third party's possession to the

dealer, the dealer may be entitled to claim against the third party thedamages allowed by law.
As added by P.L.60-1994, SEC.2. Amended by P.L.268-2003, SEC.9;P.L.131-2008, SEC.43.

IC 9-17-3-3.2
Transfer statement language for certificate of title applications
    Sec. 3.2. The form furnished by the bureau under IC 9-17-2-2must contain the following language immediately below thesignature of the seller:
        "If this vehicle is sold or transferred to a person other than adealer licensed in Indiana, the seller or transferor is required tofill in all blanks relating to buyer information, including the saleprice. The knowing or intentional failure of the seller ortransferor to fill in all buyer information is a Class Amisdemeanor or a Class D felony for the second or subsequentoffense under IC 9-17-3-7(c)(2).".
As added by P.L.131-2008, SEC.44.

IC 9-17-3-3.5
Buyback vehicles; certificate of title
    Sec. 3.5. (a) This section applies to a vehicle for which acertificate of title is required to be obtained under IC 24-5-13.5-12.
    (b) The bureau shall do the following:
        (1) For a subsequent request for a new certificate of title for abuyback vehicle, whether titled in Indiana or any other state,cause the words "Manufacturer Buyback . Disclosure on File"to appear on the face of the new certificate of title.
        (2) Maintain a listing of all reported buyback vehicles inaccordance with this section, maintain a record of the disclosuredocument required by IC 24-5-13.5-10(3), and allow access tothe listing and disclosure document upon written application.
As added by P.L.65-1992, SEC.2. Amended by P.L.1-1993, SEC.53;P.L.118-1993, SEC.1; P.L.1-1994, SEC.39.

IC 9-17-3-4
Members of armed forces; transfer of title; procedure
    Sec. 4. (a) A certificate of title for a vehicle held by an Indianaresident who is serving in the armed forces of the United States maybe transferred by the resident to another person if the residentauthorizes the transfer by a letter signed by the resident.
    (b) When the bureau receives the letter described in subsection(a), the bureau may make the transfer to the person named in theletter.
    (c) Whenever a transfer described in subsection (a) is made, theletter:
        (1) must be attached to the certificate of title being transferred;and
        (2) becomes a permanent record of the bureau.
    (d) The bureau shall use reasonable diligence in determining if the

signature of the person who signed the letter described in subsection(a) authorizing the transfer is the signature of the person.
    (e) If the bureau is satisfied that the signature is the signature ofthe person who owns the vehicle described in the certificate of title,the bureau shall issue an appropriate certificate of title over thesignature of the bureau and sealed with the seal of the bureau to theperson named in the letter.
As added by P.L.2-1991, SEC.5.

IC 9-17-3-5
Sale of vehicle under order of court or statutory provision;application for certificate; evidence of ownership
    Sec. 5. (a) Whenever a vehicle for which a certificate of title isrequired by this article is sold under:
        (1) an order or a process of an Indiana court; or
        (2) any provision of an Indiana statute;
the person who purchases the vehicle may obtain a certificate of titlefor the vehicle by filing an application for the certificate of title withthe bureau and attaching to the application written evidence showingthe order, process, or statute under which the person obtainedownership of the vehicle.
    (b) The bureau shall use due diligence to ascertain that the salewas in conformity with the order, process, or statute under which thesale occurred and, if the bureau is satisfied, the bureau shall issue acertificate of title to the person who purchased the vehicle.
As added by P.L.2-1991, SEC.5.

IC 9-17-3-6
Surrender of title under laws of another state or country;cancellation of certificate
    Sec. 6. (a) Except as provided in subsection (b), if the bureaureceives notification from another state or a foreign country that acertificate of title for a vehicle that was issued by the bureau hasbeen surrendered by the person who owns the vehicle in conformitywith the laws of the other state or country, the bureau may cancel therecord of certificate of title in Indiana.
    (b) The bureau must retain information necessary to comply withrules adopted under section 8 of this chapter.
As added by P.L.2-1991, SEC.5. Amended by P.L.61-1998, SEC.1.

IC 9-17-3-7
Violation of chapter; penalties
    Sec. 7. (a) This section does not apply to section 5 of this chapter.
    (b) Except as provided in subsection (c), a person who violatesthis chapter commits a Class C infraction.
    (c) A person who knowingly or intentionally violates:
        (1) section 3(a)(1), 3(a)(2), 3(a)(4), or 3(a)(5) of this chaptercommits a Class B misdemeanor; or
        (2) section 3(a)(3) of this chapter commits:
            (A) a Class A misdemeanor for the first violation; or            (B) a Class D felony for the second violation or anysubsequent violation.
As added by P.L.2-1991, SEC.5. Amended by P.L.131-2008, SEC.45.

IC 9-17-3-8
Adoption of rules to enable motor vehicle owners to determineprior titling
    Sec. 8. The bureau shall adopt rules under IC 4-22-2 that:
        (1) enable the owner of a motor vehicle titled in Indiana todetermine:
            (A) whether that motor vehicle has previously been titled inIndiana; and
            (B) if the motor vehicle has previously been titled in Indiana,whether the title was issued under IC 9-22-3; and
        (2) impose a service charge under IC 9-29-3-19 for servicesperformed by the bureau under this section.
As added by P.L.61-1998, SEC.2.

IC 9-17-3-9
Transfer on death conveyance; requirements
    Sec. 9. (a) An individual whose certificate of title for a vehicleindicates that the individual is the sole owner of the vehicle maycreate an interest in the vehicle that is transferrable on the death ofthe individual by obtaining a certificate of title conveying the interestin the vehicle to one (1) or more named individuals as transfer ondeath beneficiaries.
    (b) Subject to subsection (e), an interest in a vehicle transferredunder this section vests upon the death of the transferor.
    (c) A certificate of title that is:
        (1) worded in substance as "A.B. transfers on death to C.D.";and
        (2) signed by the transferor;
is a good and sufficient conveyance on the death of the transferor tothe transferee.
    (d) A certificate of title obtained under this section is not requiredto be:
        (1) supported by consideration; or
        (2) delivered to the named transfer on death beneficiary;
to be effective.
    (e) Upon the death of an individual conveying an interest in avehicle in a certificate of title obtained under this section, the interestin the vehicle is transferred to each beneficiary who is described byeither of the following:
        (1) The beneficiary:
            (A) is named in the certificate; and
            (B) survives the transferor.
        (2) The beneficiary:
            (A) survives the transferor; and
            (B) is entitled to an interest in the vehicle underIC 32-17-14-22 following the death of a beneficiary who:                (i) is named in the certificate; and
                (ii) did not survive the transferor.
    (f) A transfer of an interest in a vehicle under this section issubject to IC 6-4.1.
    (g) A certificate of title designating a transfer on death beneficiaryis not testamentary.
    (h) In general, IC 32-17-14 applies to a certificate of titledesignating a transfer on death beneficiary. However, a particularprovision of IC 32-17-14 does not apply if it is inconsistent with therequirements of this section or IC 9-17-2-2(b).
As added by P.L.83-2008, SEC.5. Amended by P.L.143-2009, SEC.3;P.L.6-2010, SEC.4.