(1) Upon the sale or transfer to a dealer of a motor or off-highway vehicle for which a Colorado certificate of title has been issued, the dealer shall transfer and file the certificate of title to the motor or off-highway vehicle; except that, so long as the vehicle remains in the dealer's possession and at the dealer's place of business for sale and for no other purpose, the dealer need not procure or file a new certificate of title as is otherwise required in this part 1.
(2) If a motor or off-highway vehicle dealer wishes to obtain a new certificate of title, the dealer may present the old certificate of title to the director with the fee imposed by section 42-6-137 (6), whereupon the director shall issue a new certificate of title to the dealer within one working day after application. This subsection (2) does not apply to a motor or off-highway vehicle subject to a lien.
(3) (a) A wholesale motor vehicle auction dealer who does not buy, sell, or own the motor vehicles transferred at auction shall disclose the identity of the wholesale motor vehicle auction dealer, the date of the auction, and the license number of the auction on a form and in a manner prescribed by the executive director. A wholesale motor vehicle auction dealer does not become an owner by reason of such disclosure nor as a result solely of the guarantee of title, guarantee of payment, or reservation of a security interest.
(b) A wholesale motor vehicle auction dealer may buy or sell motor vehicles at wholesale in such dealer's own name and, in such instances, shall comply with the provisions of this part 1 applicable to dealers, including licensing.
Source: L. 94: Entire title amended with relocations, p. 2453, � 1, effective January 1, 1995. L. 2000: (1) and (3)(a) amended, p. 1658, � 6, effective July 1, 2001. L. 2005: Entire section amended, p. 812, � 9, effective August 8. L. 2013: (1) and (2) amended, (SB 13-280), ch. 407, p. 2381, � 8, effective June 5.
Editor's note: This section is similar to former � 42-6-110 as it existed prior to 1994, and the former � 42-6-111 was relocated to � 42-6-113.
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. (1) A dealer of motor or off-highway vehicles shall, within thirty days after the sale, deliver or facilitate the delivery of the certificate of title to a purchaser or the holder of a chattel mortgage on the motor or off-highway vehicle subject to section 42-6-109.
(2) A person who violates this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2454, � 1, effective January 1, 1995. L. 2005: Entire section amended, p. 813, � 10, effective August 8. L. 2013: Entire section amended, (SB 13-280), ch. 407, p. 2381, � 9, effective June 5. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3320, � 753, effective March 1, 2022.
Editor's note: This section is similar to former � 42-6-110.5 as it existed prior to 1994, and the former � 42-6-112 was relocated to � 42-6-114.
Cross references: For the penalty for a class A traffic infraction generally, see � 42-4-1701 (3)(a)(I); for the penalty and surcharge for violations of this section, see � 42-4-1701 (4)(a)(I)(Q).
42-6-113. New vehicles - bill of sale - certificate of title - rental businesses - rules. (1) Upon the sale or transfer by a dealer of a new motor or off-highway vehicle, the dealer shall, upon delivery, make, execute, and deliver to the purchaser or transferee a sufficient bill of sale and the manufacturer's certificate of origin.
(2) The bill of sale must:
(a) Be affirmed by a statement signed by the dealer, containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.;
(b) Be in such form as the director may require; and
(c) Contain, in addition to other information that the director may by rule require, the make and model of the motor or off-highway vehicle, the identification number placed upon the vehicle by the manufacturer for identification purposes, the manufacturer's suggested retail price, and the date of the sale or transfer, together with a description of any mortgage or lien on the vehicle that secures any part of the purchase price.
(3) Upon presentation of the bill of sale and the manufacturer's certificate of origin, the director or an authorized agent shall file a new certificate of title for the vehicle described in the bill of sale. A dealer shall transfer a new motor or off-highway vehicle used by a dealer for demonstration in accordance with this section.
(4) Notwithstanding subsection (3) of this section, the department may, upon presentation of a manufacturer's invoice, issue a business that rents motor vehicles or special mobile machinery a certificate of title for a new motor vehicle or special mobile machinery if the business submits a signed affidavit or a title application attesting that the motor vehicle or special mobile machinery is new and has not been issued a certificate of title and that the business is entitled to be issued a certificate of title for the motor vehicle or special mobile machinery. Upon request of the department, the business shall make available a scanned image of the front of the manufacturer's certificate of origin for up to one percent of the registered vehicles of the business for any given month.
Source: L. 94: Entire title amended with relocations, p. 2454, � 1, effective January 1, 1995. L. 2000: Entire section amended, p. 1659, � 7, effective July 1, 2001. L. 2005: Entire section amended, p. 813, � 11, effective August 8. L. 2013: Entire section amended, (SB 13-280), ch. 407, p. 2382, � 10, effective June 5. L. 2018: (4) added, (HB 18-1299), ch. 297, p. 1813, � 10, effective July 1, 2019.
Editor's note: This section is similar to former � 42-6-111 as it existed prior to 1994, and the former � 42-6-113 was relocated to � 42-6-115.