Section 2113. Transfer  


Latest version.
  • (a) If an owner transfers his interest in a vehicle,
      other than by the creation of a security interest, he shall, at the time
      of  the  delivery  of the vehicle, execute an assignment and warranty of
      title  to  the  transferee  in  the  space  provided  therefor  on   the
      certificate or as the commissioner prescribes, and cause the certificate
      and  assignment  to  be  mailed  or  delivered  to  the  transferee. The
      assignment and warranty of title required by this section shall  include
      a  statement  signed  by the transferor stating either, (i) any facts or
      information known to him that could reasonably affect  the  validity  of
      the title of the vehicle; or, (ii) that no such facts or information are
      known to him.
        (b)  Except  as provided in section two thousand one hundred fourteen,
      the transferee shall, within thirty days after transfer to  him  of  the
      vehicle,  execute  the application for a new certificate of title in the
      space provided therefor  on  the  certificate  or  as  the  commissioner
      prescribes,  and  cause  the certificate and application to be mailed or
      delivered to the commissioner. The application required by this  section
      shall  include a statement similar to that required to be included in an
      application for a  first  certificate  of  title  by  paragraph  (4)  of
      subdivision  (a)  of  section  two  thousand  one  hundred  five of this
      chapter.
        (c) Except as provided in section two thousand one hundred fourteen, a
      transfer by an owner is not perfected so as to be  valid  against  third
      parties  generally  until the provisions of this section and section two
      thousand one hundred sixteen have been complied with; however, an  owner
      who  has  delivered  possession of the vehicle to a bona fide transferee
      and has complied with the provisions of this  section  and  section  two
      thousand  one  hundred  sixteen  is  not  deemed  an  owner  within  the
      provisions of section three hundred eighty-eight of this  chapter,  and,
      notwithstanding  any  other  provision  of law, shall not be presumed to
      have caused such vehicle to be abandoned  for  purposes  of  subdivision
      seven of section twelve hundred twenty-four of this chapter if the owner
      has retained a copy of the assignment and warranty of title.  Failure to
      retain  such  copy  shall  not  preclude  such  owner from rebutting any
      presumption contained in such subdivisions.