1111 - Transfer of ownership of vehicle.

     § 1111.  Transfer of ownership of vehicle.        (a)  Duty of transferor.--In the event of the sale or     transfer of the ownership of a vehicle within this Commonwealth,     the owner shall execute an assignment and warranty of title to     the transferee in the space provided on the certificate or as     the department prescribes, sworn to before a notary public or     other officer empowered to administer oaths or verified by a     wholesale vehicle auction licensed by the State Board of Vehicle     Manufacturers, Dealers and Salespersons, or its employee, or an     issuing agent who is licensed as a vehicle dealer by the State     Board of Vehicle Manufacturers, Dealers and Salespersons, or its     employee, and deliver the certificate to the transferee at the     time of the delivery of the vehicle.        (a.1)  Exception for dealers.--When a certificate of title     for a vehicle acquired by a licensed dealer for the purpose of     resale is encumbered by a lien, delivery of the certificate of     title by the dealer as a transferor at the time of delivery of     the vehicle upon resale shall not be required for a vehicle     being titled in this Commonwealth if, prior to delivery of the     vehicle, the dealer obtains the applicable powers of attorney to     properly execute transfer of the title and the dealer requests     and receives the departmental verification of any lienholders,     ownership, odometer information, title brands and any other     information that the department deems necessary to be verified.     Upon payment of the established fee, the department shall     provide the dealer or authorized messenger service with     verification of the required information. The department may     supply the verified information by either written or electronic     means. The application and a properly assigned certificate of     title shall be delivered to the department within the time     period prescribed by section 1103.1 (relating to application for     certificate of title). If a dealer sells a vehicle after     verification of the required information for a certificate of     title encumbered by a lien, but fails to satisfy the lien or     deliver an assignment and warranty of title to the dealer's     transferee within 90 days of the date of purchase, and this     failure is the result of an act or omission by the dealer, the     dealer shall accept return of the vehicle from the transferee     and shall refund the purchase price less actual depreciation of     the vehicle while it was within the possession of the     transferee. In refunding the purchase price, the price shall     include the listed dollar value of any trade-in vehicle as     stated in the sales transaction document in lieu of returning     the transferee's trade-in vehicle.        (a.2)  Exception for sales at licensed wholesale auctions.--     In the event of the offering for sale or transfer of a vehicle     between automobile dealers licensed by this Commonwealth or     another state at a wholesale vehicle auction which is licensed     by the State Board of Vehicle Manufacturers, Dealers and     Salespersons as a wholesale vehicle auction, the licensed dealer     need not execute an assignment and warranty of title to the     transferee at the time of the offering of the vehicle for sale     if, prior to the offering of the sale of the vehicle, it is     noted that the title is not present. The transferor shall     deliver a properly assigned and warranted title to that     transferee within ten days of the date that the vehicle was     offered for sale, and the sale shall not be consummated until     the transferor has delivered the title to the transferee.        (b)  Duty of transferee.--Except as otherwise provided in     section 1113 (relating to transfer to or from manufacturer or     dealer), the transferee shall, within ten days of the assignment     or reassignment of the certificate of title, apply for a new     title by presenting to the department the properly completed     certificate of title, sworn to before a notary public or other     officer empowered to administer oaths or verified before an     issuing agent, who is licensed as a vehicle dealer by the State     Board of Vehicle Manufacturers, Dealers and Salespersons, or its     employee, and accompanied by such forms as the department may     require.        (b.1)  Transfers relating to the RESET program.--A motor     vehicle transferred to the Commonwealth or a political     subdivision for use in the RESET program administered under     section 405.1 of the act of June 13, 1967 (P.L.31, No.21), known     as the Public Welfare Code, shall not be subject to sales or use     tax under Article II of the act of March 4, 1971 (P.L.6, No.2),     known as the Tax Reform Code of 1971, upon the removal of the     vehicle from inventory by any:            (1)  motor vehicle dealer, importer or wholesaler; or            (2)  "broker," "dealer" or "distributor," as defined in        section 2 of the act of December 22, 1983 (P.L.306, No.84),        known as the Board of Vehicles Act.        (c)  Penalty.--Any person violating subsection (a) shall be     guilty of a summary offense and shall, upon conviction, be     sentenced:            (1)  For a first offense, to pay a fine of $100.            (2)  For a subsequent offense, to pay a fine of not less        than $300 nor more than $1,000.     (July 10, 1984, P.L.679, No.146, eff. 60 days; Dec. 20, 1995,     P.L.666, No.74; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;     July 14, 2005, P.L.285, No.50, eff. 60 days)        2005 Amendment.  Act 50 amended subsec. (a).        Cross References.  Section 1111 is referred to in section     1113 of this title.