IC 9-17-3
Chapter 3. Expiration, Replacement, and Transfer of Certificates
of Title
IC 9-17-3-0.5 "Third party"
Sec. 0.5. As used in this chapter, "third party" means a person
having 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 the
certificate 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 vehicle
for which the certificate of title has been issued is owned or held by
the person who originally held the certificate of title.
(b) A certificate of title does not have to be renewed except as
otherwise 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 legal
successor in interest of the person who owns the vehicle for which
the certificate of title was issued, as shown by the records of the
bureau, shall immediately apply for and may obtain a duplicate
certificate of title.
(b) To obtain a duplicate certificate of title under subsection (a),
a person must:
(1) furnish information satisfactory to the bureau concerning the
loss, mutilation, destruction, or illegibility of the certificate of
title; and
(2) pay the fee provided under IC 9-29.
(c) The word "duplicate" shall be printed or stamped in ink on the
face of a certificate of title issued under this section.
(d) When a duplicate certificate of title is issued, the previous
certificate 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; failure
to deliver certificate of title
Sec. 3. (a) If a vehicle for which a certificate of title has been
issued is sold or if the ownership of the vehicle is transferred in any
manner other than by a transfer on death conveyance under section
9 of this chapter, the person who holds the certificate of title must do
the following:
(1) Endorse on the certificate of title an assignment of the
certificate of title with warranty of title, in a form printed on the
certificate of title, with a statement describing all liens or
encumbrances on the vehicle.
(2) Except as provided in subdivisions (4) and (5), deliver the
certificate of title to the purchaser or transferee at the time of
the sale or delivery to the purchaser or transferee of the vehicle,
if the purchaser or transferee has made all agreed upon initial
payments for the vehicle, including delivery of a trade-in
vehicle without hidden or undisclosed statutory liens.
(3) Unless the vehicle is being sold or transferred to a dealer
licensed under IC 9-23-2, complete all information concerning
the purchase on the certificate of title, including, but not limited
to:
(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 dealers
licensed by this state or another state, deliver the certificate of
title within twenty-one (21) days after the date of the sale or
transfer.
(5) Deliver the certificate of title to the purchaser or transferee
within twenty-one (21) days after the date of sale or transfer to
the purchaser or transferee of the vehicle, if all of the following
conditions exist:
(A) The seller or transferor is a vehicle dealer licensed by
the state under IC 9-23.
(B) The vehicle dealer is not able to deliver the certificate of
title at the time of sale or transfer.
(C) The vehicle dealer reasonably believes that it will be
able to deliver the certificate of title, without a lien or an
encumbrance on the certificate of title, within the twenty-one
(21) day period.
(D) The vehicle dealer provides the purchaser or transferee
with an affidavit under section 3.1 of this chapter.
(E) The purchaser or transferee has made all agreed upon
initial payments for the vehicle, including delivery of a
trade-in vehicle without hidden or undisclosed statutory
liens.
(b) A licensed dealer may offer for sale a vehicle for which the
dealer does not possess a certificate of title, if the dealer can comply
with subsection (a)(4) or (a)(5) at the time of the sale.
(c) A vehicle dealer who fails to deliver a certificate of title within
the 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 the
state general fund. In addition, if a purchaser or transferee does not
receive a valid certificate of title within the time specified by this
section, the purchaser or transferee shall have the right to return the
vehicle to the vehicle dealer ten (10) days after giving the vehicle
dealer written notice demanding delivery of a valid certificate of title
and the dealer's failure to deliver a valid certificate of title within that
ten (10) day period. Upon return of the vehicle to the dealer in the
same or similar condition as delivered to the purchaser or transferee
under this section, the vehicle dealer shall pay to the purchaser or
transferee the purchase price plus sales taxes, finance expenses,
insurance expenses, and any other amount paid to the dealer by the
purchaser.
(d) For purposes of this subsection, "timely deliver", with respect
to a third party, means to deliver to the purchaser or transferee with
a postmark dated or hand delivered not more than ten (10) business
days after there is no obligation secured by the vehicle. If the dealer's
inability to timely deliver a valid certificate of title results from the
acts or omissions of a third party who has failed to timely deliver a
valid certificate of title to the dealer, the dealer is entitled to claim
against the third party one hundred dollars ($100). If:
(1) the dealer's inability to timely deliver a valid certificate of
title results from the acts or omissions of a third party who has
failed to timely deliver the certificate of title in the third party's
possession to the dealer; and
(2) the failure continues for ten (10) business days after the
dealer gives the third party written notice of the failure;
the dealer is entitled to claim against the third party all damages
sustained by the dealer in rescinding the dealer's sale with the
purchaser or transferee, including the dealer's reasonable attorney's
fees.
(e) If a vehicle for which a certificate of title has been issued by
another state is sold or delivered, the person selling or delivering the
vehicle must deliver to the purchaser or receiver of the vehicle a
proper certificate of title with an assignment of the certificate of title
in a form prescribed by the bureau.
(f) The original certificate of title and all assignments and
subsequent reissues of the certificate of title shall be retained by the
bureau and appropriately classified and indexed in the most
convenient manner to trace title to the vehicle described in the
certificate of title.
(g) A dealer shall make payment to a third party to satisfy any
obligation secured by the vehicle within five (5) days after the date
of 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;
IC 9-17-3-3.1 Affidavit of transferring vehicle dealer
Sec. 3.1. The affidavit required by section 3(a)(5) of this chapter
shall be printed in the following form:
STATE OF INDIANA )
) ss:
COUNTY OF ____________ )
I affirm under the penalties for perjury that all of the following
are 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 retail
purchaser of the vehicle described in paragraph (3) at the time
of sale of the vehicle to the retail purchaser. The identity of the
previous seller or transferor is
__________________________. Payoff of lien was made on
(date)_______. I expect to deliver a valid and transferable
certificate of title not later than (date)_______________ from
the (State of)________ to the purchaser.
(3) That I will undertake reasonable commercial efforts to
produce the valid certificate of title. The vehicle identification
number is __________________.
Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
AFFIDAVIT.
___________________________________
Customer Signature
NOTICE TO THE CUSTOMER
If you do not receive a valid certificate of title within the time
specified by this affidavit, you have the right to return the vehicle to
the vehicle dealer ten (10) days after giving the vehicle dealer written
notice demanding delivery of a valid certificate of title and after the
vehicle dealer's failure to deliver a valid certificate of title within that
ten (10) day period. Upon return of the vehicle to the vehicle dealer
in the same or similar condition as when it was delivered to you, the
vehicle dealer shall pay you the purchase price plus sales taxes,
finance expenses, insurance expenses, and any other amount that you
paid to the vehicle dealer.
If a lien is present on the previous owner's certificate of title, it is
the responsibility of the third party lienholder to timely deliver the
certificate of title in the third party's possession to the dealer not
more than ten (10) business days after there is no obligation secured
by the vehicle. If the dealer's inability to deliver a valid certificate of
title to you within the above-described ten (10) day period results
from the acts or omissions of a third party who has failed to timely
deliver the certificate of title in the third party's possession to the
dealer, the dealer may be entitled to claim against the third party the
damages 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 9-17-2-2
must contain the following language immediately below the
signature of the seller:
"If this vehicle is sold or transferred to a person other than a
dealer licensed in Indiana, the seller or transferor is required to
fill in all blanks relating to buyer information, including the sale
price. The knowing or intentional failure of the seller or
transferor to fill in all buyer information is a Class A
misdemeanor or a Class D felony for the second or subsequent
offense 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 a
certificate 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 a
buyback 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 in
accordance with this section, maintain a record of the disclosure
document required by IC 24-5-13.5-10(3), and allow access to
the 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 Indiana
resident who is serving in the armed forces of the United States may
be transferred by the resident to another person if the resident
authorizes 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 the
letter.
(c) Whenever a transfer described in subsection (a) is made, the
letter:
(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 of
the person who owns the vehicle described in the certificate of title,
the bureau shall issue an appropriate certificate of title over the
signature of the bureau and sealed with the seal of the bureau to the
person 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 is
required 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 title
for the vehicle by filing an application for the certificate of title with
the bureau and attaching to the application written evidence showing
the order, process, or statute under which the person obtained
ownership of the vehicle.
(b) The bureau shall use due diligence to ascertain that the sale
was in conformity with the order, process, or statute under which the
sale occurred and, if the bureau is satisfied, the bureau shall issue a
certificate 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 bureau
receives notification from another state or a foreign country that a
certificate of title for a vehicle that was issued by the bureau has
been surrendered by the person who owns the vehicle in conformity
with the laws of the other state or country, the bureau may cancel the
record of certificate of title in Indiana.
(b) The bureau must retain information necessary to comply with
rules 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 violates
this 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 chapter
commits 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 any
subsequent 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 determine
prior 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 to
determine:
(A) whether that motor vehicle has previously been titled in
Indiana; 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 services
performed 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 vehicle
indicates that the individual is the sole owner of the vehicle may
create an interest in the vehicle that is transferrable on the death of
the individual by obtaining a certificate of title conveying the interest
in the vehicle to one (1) or more named individuals as transfer on
death beneficiaries.
(b) Subject to subsection (e), an interest in a vehicle transferred
under 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 to
the transferee.
(d) A certificate of title obtained under this section is not required
to 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 a
vehicle in a certificate of title obtained under this section, the interest
in the vehicle is transferred to each beneficiary who is described by
either 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 under
IC 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 is
subject to IC 6-4.1.
(g) A certificate of title designating a transfer on death beneficiary
is not testamentary.
(h) In general, IC 32-17-14 applies to a certificate of title
designating a transfer on death beneficiary. However, a particular
provision of IC 32-17-14 does not apply if it is inconsistent with the
requirements 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.
IC 9-17-3
Chapter 3. Expiration, Replacement, and Transfer of Certificates
of Title
IC 9-17-3-0.5 "Third party"
Sec. 0.5. As used in this chapter, "third party" means a person
having 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 the
certificate 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 vehicle
for which the certificate of title has been issued is owned or held by
the person who originally held the certificate of title.
(b) A certificate of title does not have to be renewed except as
otherwise 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 legal
successor in interest of the person who owns the vehicle for which
the certificate of title was issued, as shown by the records of the
bureau, shall immediately apply for and may obtain a duplicate
certificate of title.
(b) To obtain a duplicate certificate of title under subsection (a),
a person must:
(1) furnish information satisfactory to the bureau concerning the
loss, mutilation, destruction, or illegibility of the certificate of
title; and
(2) pay the fee provided under IC 9-29.
(c) The word "duplicate" shall be printed or stamped in ink on the
face of a certificate of title issued under this section.
(d) When a duplicate certificate of title is issued, the previous
certificate 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; failure
to deliver certificate of title
Sec. 3. (a) If a vehicle for which a certificate of title has been
issued is sold or if the ownership of the vehicle is transferred in any
manner other than by a transfer on death conveyance under section
9 of this chapter, the person who holds the certificate of title must do
the following:
(1) Endorse on the certificate of title an assignment of the
certificate of title with warranty of title, in a form printed on the
certificate of title, with a statement describing all liens or
encumbrances on the vehicle.
(2) Except as provided in subdivisions (4) and (5), deliver the
certificate of title to the purchaser or transferee at the time of
the sale or delivery to the purchaser or transferee of the vehicle,
if the purchaser or transferee has made all agreed upon initial
payments for the vehicle, including delivery of a trade-in
vehicle without hidden or undisclosed statutory liens.
(3) Unless the vehicle is being sold or transferred to a dealer
licensed under IC 9-23-2, complete all information concerning
the purchase on the certificate of title, including, but not limited
to:
(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 dealers
licensed by this state or another state, deliver the certificate of
title within twenty-one (21) days after the date of the sale or
transfer.
(5) Deliver the certificate of title to the purchaser or transferee
within twenty-one (21) days after the date of sale or transfer to
the purchaser or transferee of the vehicle, if all of the following
conditions exist:
(A) The seller or transferor is a vehicle dealer licensed by
the state under IC 9-23.
(B) The vehicle dealer is not able to deliver the certificate of
title at the time of sale or transfer.
(C) The vehicle dealer reasonably believes that it will be
able to deliver the certificate of title, without a lien or an
encumbrance on the certificate of title, within the twenty-one
(21) day period.
(D) The vehicle dealer provides the purchaser or transferee
with an affidavit under section 3.1 of this chapter.
(E) The purchaser or transferee has made all agreed upon
initial payments for the vehicle, including delivery of a
trade-in vehicle without hidden or undisclosed statutory
liens.
(b) A licensed dealer may offer for sale a vehicle for which the
dealer does not possess a certificate of title, if the dealer can comply
with subsection (a)(4) or (a)(5) at the time of the sale.
(c) A vehicle dealer who fails to deliver a certificate of title within
the 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 the
state general fund. In addition, if a purchaser or transferee does not
receive a valid certificate of title within the time specified by this
section, the purchaser or transferee shall have the right to return the
vehicle to the vehicle dealer ten (10) days after giving the vehicle
dealer written notice demanding delivery of a valid certificate of title
and the dealer's failure to deliver a valid certificate of title within that
ten (10) day period. Upon return of the vehicle to the dealer in the
same or similar condition as delivered to the purchaser or transferee
under this section, the vehicle dealer shall pay to the purchaser or
transferee the purchase price plus sales taxes, finance expenses,
insurance expenses, and any other amount paid to the dealer by the
purchaser.
(d) For purposes of this subsection, "timely deliver", with respect
to a third party, means to deliver to the purchaser or transferee with
a postmark dated or hand delivered not more than ten (10) business
days after there is no obligation secured by the vehicle. If the dealer's
inability to timely deliver a valid certificate of title results from the
acts or omissions of a third party who has failed to timely deliver a
valid certificate of title to the dealer, the dealer is entitled to claim
against the third party one hundred dollars ($100). If:
(1) the dealer's inability to timely deliver a valid certificate of
title results from the acts or omissions of a third party who has
failed to timely deliver the certificate of title in the third party's
possession to the dealer; and
(2) the failure continues for ten (10) business days after the
dealer gives the third party written notice of the failure;
the dealer is entitled to claim against the third party all damages
sustained by the dealer in rescinding the dealer's sale with the
purchaser or transferee, including the dealer's reasonable attorney's
fees.
(e) If a vehicle for which a certificate of title has been issued by
another state is sold or delivered, the person selling or delivering the
vehicle must deliver to the purchaser or receiver of the vehicle a
proper certificate of title with an assignment of the certificate of title
in a form prescribed by the bureau.
(f) The original certificate of title and all assignments and
subsequent reissues of the certificate of title shall be retained by the
bureau and appropriately classified and indexed in the most
convenient manner to trace title to the vehicle described in the
certificate of title.
(g) A dealer shall make payment to a third party to satisfy any
obligation secured by the vehicle within five (5) days after the date
of 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;
IC 9-17-3-3.1 Affidavit of transferring vehicle dealer
Sec. 3.1. The affidavit required by section 3(a)(5) of this chapter
shall be printed in the following form:
STATE OF INDIANA )
) ss:
COUNTY OF ____________ )
I affirm under the penalties for perjury that all of the following
are 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 retail
purchaser of the vehicle described in paragraph (3) at the time
of sale of the vehicle to the retail purchaser. The identity of the
previous seller or transferor is
__________________________. Payoff of lien was made on
(date)_______. I expect to deliver a valid and transferable
certificate of title not later than (date)_______________ from
the (State of)________ to the purchaser.
(3) That I will undertake reasonable commercial efforts to
produce the valid certificate of title. The vehicle identification
number is __________________.
Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
AFFIDAVIT.
___________________________________
Customer Signature
NOTICE TO THE CUSTOMER
If you do not receive a valid certificate of title within the time
specified by this affidavit, you have the right to return the vehicle to
the vehicle dealer ten (10) days after giving the vehicle dealer written
notice demanding delivery of a valid certificate of title and after the
vehicle dealer's failure to deliver a valid certificate of title within that
ten (10) day period. Upon return of the vehicle to the vehicle dealer
in the same or similar condition as when it was delivered to you, the
vehicle dealer shall pay you the purchase price plus sales taxes,
finance expenses, insurance expenses, and any other amount that you
paid to the vehicle dealer.
If a lien is present on the previous owner's certificate of title, it is
the responsibility of the third party lienholder to timely deliver the
certificate of title in the third party's possession to the dealer not
more than ten (10) business days after there is no obligation secured
by the vehicle. If the dealer's inability to deliver a valid certificate of
title to you within the above-described ten (10) day period results
from the acts or omissions of a third party who has failed to timely
deliver the certificate of title in the third party's possession to the
dealer, the dealer may be entitled to claim against the third party the
damages 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 9-17-2-2
must contain the following language immediately below the
signature of the seller:
"If this vehicle is sold or transferred to a person other than a
dealer licensed in Indiana, the seller or transferor is required to
fill in all blanks relating to buyer information, including the sale
price. The knowing or intentional failure of the seller or
transferor to fill in all buyer information is a Class A
misdemeanor or a Class D felony for the second or subsequent
offense 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 a
certificate 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 a
buyback 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 in
accordance with this section, maintain a record of the disclosure
document required by IC 24-5-13.5-10(3), and allow access to
the 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 Indiana
resident who is serving in the armed forces of the United States may
be transferred by the resident to another person if the resident
authorizes 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 the
letter.
(c) Whenever a transfer described in subsection (a) is made, the
letter:
(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 of
the person who owns the vehicle described in the certificate of title,
the bureau shall issue an appropriate certificate of title over the
signature of the bureau and sealed with the seal of the bureau to the
person 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 is
required 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 title
for the vehicle by filing an application for the certificate of title with
the bureau and attaching to the application written evidence showing
the order, process, or statute under which the person obtained
ownership of the vehicle.
(b) The bureau shall use due diligence to ascertain that the sale
was in conformity with the order, process, or statute under which the
sale occurred and, if the bureau is satisfied, the bureau shall issue a
certificate 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 bureau
receives notification from another state or a foreign country that a
certificate of title for a vehicle that was issued by the bureau has
been surrendered by the person who owns the vehicle in conformity
with the laws of the other state or country, the bureau may cancel the
record of certificate of title in Indiana.
(b) The bureau must retain information necessary to comply with
rules 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 violates
this 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 chapter
commits 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 any
subsequent 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 determine
prior 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 to
determine:
(A) whether that motor vehicle has previously been titled in
Indiana; 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 services
performed 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 vehicle
indicates that the individual is the sole owner of the vehicle may
create an interest in the vehicle that is transferrable on the death of
the individual by obtaining a certificate of title conveying the interest
in the vehicle to one (1) or more named individuals as transfer on
death beneficiaries.
(b) Subject to subsection (e), an interest in a vehicle transferred
under 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 to
the transferee.
(d) A certificate of title obtained under this section is not required
to 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 a
vehicle in a certificate of title obtained under this section, the interest
in the vehicle is transferred to each beneficiary who is described by
either 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 under
IC 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 is
subject to IC 6-4.1.
(g) A certificate of title designating a transfer on death beneficiary
is not testamentary.
(h) In general, IC 32-17-14 applies to a certificate of title
designating a transfer on death beneficiary. However, a particular
provision of IC 32-17-14 does not apply if it is inconsistent with the
requirements 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.
IC 9-17-3
Chapter 3. Expiration, Replacement, and Transfer of Certificates
of Title
IC 9-17-3-0.5 "Third party"
Sec. 0.5. As used in this chapter, "third party" means a person
having 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 the
certificate 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 vehicle
for which the certificate of title has been issued is owned or held by
the person who originally held the certificate of title.
(b) A certificate of title does not have to be renewed except as
otherwise 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 legal
successor in interest of the person who owns the vehicle for which
the certificate of title was issued, as shown by the records of the
bureau, shall immediately apply for and may obtain a duplicate
certificate of title.
(b) To obtain a duplicate certificate of title under subsection (a),
a person must:
(1) furnish information satisfactory to the bureau concerning the
loss, mutilation, destruction, or illegibility of the certificate of
title; and
(2) pay the fee provided under IC 9-29.
(c) The word "duplicate" shall be printed or stamped in ink on the
face of a certificate of title issued under this section.
(d) When a duplicate certificate of title is issued, the previous
certificate 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; failure
to deliver certificate of title
Sec. 3. (a) If a vehicle for which a certificate of title has been
issued is sold or if the ownership of the vehicle is transferred in any
manner other than by a transfer on death conveyance under section
9 of this chapter, the person who holds the certificate of title must do
the following:
(1) Endorse on the certificate of title an assignment of the
certificate of title with warranty of title, in a form printed on the
certificate of title, with a statement describing all liens or
encumbrances on the vehicle.
(2) Except as provided in subdivisions (4) and (5), deliver the
certificate of title to the purchaser or transferee at the time of
the sale or delivery to the purchaser or transferee of the vehicle,
if the purchaser or transferee has made all agreed upon initial
payments for the vehicle, including delivery of a trade-in
vehicle without hidden or undisclosed statutory liens.
(3) Unless the vehicle is being sold or transferred to a dealer
licensed under IC 9-23-2, complete all information concerning
the purchase on the certificate of title, including, but not limited
to:
(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 dealers
licensed by this state or another state, deliver the certificate of
title within twenty-one (21) days after the date of the sale or
transfer.
(5) Deliver the certificate of title to the purchaser or transferee
within twenty-one (21) days after the date of sale or transfer to
the purchaser or transferee of the vehicle, if all of the following
conditions exist:
(A) The seller or transferor is a vehicle dealer licensed by
the state under IC 9-23.
(B) The vehicle dealer is not able to deliver the certificate of
title at the time of sale or transfer.
(C) The vehicle dealer reasonably believes that it will be
able to deliver the certificate of title, without a lien or an
encumbrance on the certificate of title, within the twenty-one
(21) day period.
(D) The vehicle dealer provides the purchaser or transferee
with an affidavit under section 3.1 of this chapter.
(E) The purchaser or transferee has made all agreed upon
initial payments for the vehicle, including delivery of a
trade-in vehicle without hidden or undisclosed statutory
liens.
(b) A licensed dealer may offer for sale a vehicle for which the
dealer does not possess a certificate of title, if the dealer can comply
with subsection (a)(4) or (a)(5) at the time of the sale.
(c) A vehicle dealer who fails to deliver a certificate of title within
the 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 the
state general fund. In addition, if a purchaser or transferee does not
receive a valid certificate of title within the time specified by this
section, the purchaser or transferee shall have the right to return the
vehicle to the vehicle dealer ten (10) days after giving the vehicle
dealer written notice demanding delivery of a valid certificate of title
and the dealer's failure to deliver a valid certificate of title within that
ten (10) day period. Upon return of the vehicle to the dealer in the
same or similar condition as delivered to the purchaser or transferee
under this section, the vehicle dealer shall pay to the purchaser or
transferee the purchase price plus sales taxes, finance expenses,
insurance expenses, and any other amount paid to the dealer by the
purchaser.
(d) For purposes of this subsection, "timely deliver", with respect
to a third party, means to deliver to the purchaser or transferee with
a postmark dated or hand delivered not more than ten (10) business
days after there is no obligation secured by the vehicle. If the dealer's
inability to timely deliver a valid certificate of title results from the
acts or omissions of a third party who has failed to timely deliver a
valid certificate of title to the dealer, the dealer is entitled to claim
against the third party one hundred dollars ($100). If:
(1) the dealer's inability to timely deliver a valid certificate of
title results from the acts or omissions of a third party who has
failed to timely deliver the certificate of title in the third party's
possession to the dealer; and
(2) the failure continues for ten (10) business days after the
dealer gives the third party written notice of the failure;
the dealer is entitled to claim against the third party all damages
sustained by the dealer in rescinding the dealer's sale with the
purchaser or transferee, including the dealer's reasonable attorney's
fees.
(e) If a vehicle for which a certificate of title has been issued by
another state is sold or delivered, the person selling or delivering the
vehicle must deliver to the purchaser or receiver of the vehicle a
proper certificate of title with an assignment of the certificate of title
in a form prescribed by the bureau.
(f) The original certificate of title and all assignments and
subsequent reissues of the certificate of title shall be retained by the
bureau and appropriately classified and indexed in the most
convenient manner to trace title to the vehicle described in the
certificate of title.
(g) A dealer shall make payment to a third party to satisfy any
obligation secured by the vehicle within five (5) days after the date
of 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;
IC 9-17-3-3.1 Affidavit of transferring vehicle dealer
Sec. 3.1. The affidavit required by section 3(a)(5) of this chapter
shall be printed in the following form:
STATE OF INDIANA )
) ss:
COUNTY OF ____________ )
I affirm under the penalties for perjury that all of the following
are 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 retail
purchaser of the vehicle described in paragraph (3) at the time
of sale of the vehicle to the retail purchaser. The identity of the
previous seller or transferor is
__________________________. Payoff of lien was made on
(date)_______. I expect to deliver a valid and transferable
certificate of title not later than (date)_______________ from
the (State of)________ to the purchaser.
(3) That I will undertake reasonable commercial efforts to
produce the valid certificate of title. The vehicle identification
number is __________________.
Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
AFFIDAVIT.
___________________________________
Customer Signature
NOTICE TO THE CUSTOMER
If you do not receive a valid certificate of title within the time
specified by this affidavit, you have the right to return the vehicle to
the vehicle dealer ten (10) days after giving the vehicle dealer written
notice demanding delivery of a valid certificate of title and after the
vehicle dealer's failure to deliver a valid certificate of title within that
ten (10) day period. Upon return of the vehicle to the vehicle dealer
in the same or similar condition as when it was delivered to you, the
vehicle dealer shall pay you the purchase price plus sales taxes,
finance expenses, insurance expenses, and any other amount that you
paid to the vehicle dealer.
If a lien is present on the previous owner's certificate of title, it is
the responsibility of the third party lienholder to timely deliver the
certificate of title in the third party's possession to the dealer not
more than ten (10) business days after there is no obligation secured
by the vehicle. If the dealer's inability to deliver a valid certificate of
title to you within the above-described ten (10) day period results
from the acts or omissions of a third party who has failed to timely
deliver the certificate of title in the third party's possession to the
dealer, the dealer may be entitled to claim against the third party the
damages 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 9-17-2-2
must contain the following language immediately below the
signature of the seller:
"If this vehicle is sold or transferred to a person other than a
dealer licensed in Indiana, the seller or transferor is required to
fill in all blanks relating to buyer information, including the sale
price. The knowing or intentional failure of the seller or
transferor to fill in all buyer information is a Class A
misdemeanor or a Class D felony for the second or subsequent
offense 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 a
certificate 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 a
buyback 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 in
accordance with this section, maintain a record of the disclosure
document required by IC 24-5-13.5-10(3), and allow access to
the 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 Indiana
resident who is serving in the armed forces of the United States may
be transferred by the resident to another person if the resident
authorizes 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 the
letter.
(c) Whenever a transfer described in subsection (a) is made, the
letter:
(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 of
the person who owns the vehicle described in the certificate of title,
the bureau shall issue an appropriate certificate of title over the
signature of the bureau and sealed with the seal of the bureau to the
person 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 is
required 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 title
for the vehicle by filing an application for the certificate of title with
the bureau and attaching to the application written evidence showing
the order, process, or statute under which the person obtained
ownership of the vehicle.
(b) The bureau shall use due diligence to ascertain that the sale
was in conformity with the order, process, or statute under which the
sale occurred and, if the bureau is satisfied, the bureau shall issue a
certificate 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 bureau
receives notification from another state or a foreign country that a
certificate of title for a vehicle that was issued by the bureau has
been surrendered by the person who owns the vehicle in conformity
with the laws of the other state or country, the bureau may cancel the
record of certificate of title in Indiana.
(b) The bureau must retain information necessary to comply with
rules 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 violates
this 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 chapter
commits 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 any
subsequent 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 determine
prior 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 to
determine:
(A) whether that motor vehicle has previously been titled in
Indiana; 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 services
performed 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 vehicle
indicates that the individual is the sole owner of the vehicle may
create an interest in the vehicle that is transferrable on the death of
the individual by obtaining a certificate of title conveying the interest
in the vehicle to one (1) or more named individuals as transfer on
death beneficiaries.
(b) Subject to subsection (e), an interest in a vehicle transferred
under 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 to
the transferee.
(d) A certificate of title obtained under this section is not required
to 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 a
vehicle in a certificate of title obtained under this section, the interest
in the vehicle is transferred to each beneficiary who is described by
either 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 under
IC 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 is
subject to IC 6-4.1.
(g) A certificate of title designating a transfer on death beneficiary
is not testamentary.
(h) In general, IC 32-17-14 applies to a certificate of title
designating a transfer on death beneficiary. However, a particular
provision of IC 32-17-14 does not apply if it is inconsistent with the
requirements 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.
