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27-14-904. Transfers to dealers.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-904. Transfers to dealers.
(a) When the transferee of a used vehicle is a dealer who holds it for resale and lawfully operates it under dealers' number plates or does not drive the vehicle or permit it to be driven upon the highways, the dealer shall not be required to obtain a new registration for the vehicle or be required to forward the certificate of title to the Office of Motor Vehicle, but the dealer, upon transferring his or her title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver it to the person to whom the transfer is made, except as provided in § 27-14-906.
(b) No one in this state other than a dealer licensed by the Arkansas Motor Vehicle Commission as a dealer in new motor vehicles, shall enter an assignment, or reassignment, of ownership on a manufacturer's certificate of origin to a motor vehicle. Any dealer in this state not licensed by the commission as a dealer in new motor vehicles who acquires a motor vehicle through an assignment or reassignment of ownership on a manufacturer's certificate of origin shall deliver the manufacturer's certificate of origin to the office and apply for registration and issuance of a certificate of title to the motor vehicle as required by § 27-14-903. A first violation of this section by any person shall constitute a Class A misdemeanor. A second violation of this section by any person shall constitute a Class D felony. A licensed used motor vehicle dealer who violates the provisions of this section shall also be deemed to have violated the provisions of the Used Motor Vehicle Buyers Protection Act, § 23-112-601 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-904
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-14-904
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 848b2f3d6a557efef4b42727c7c7453ff854b436ce283512aeb14a043ecc531b
Source location: content.xml paragraph 2387
Stored source content
27-14-904. Transfers to dealers.
(a) When the transferee of a used vehicle is a dealer who holds it for resale and lawfully operates it under dealers' number plates or does not drive the vehicle or permit it to be driven upon the highways, the dealer shall not be required to obtain a new registration for the vehicle or be required to forward the certificate of title to the Office of Motor Vehicle, but the dealer, upon transferring his or her title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver it to the person to whom the transfer is made, except as provided in § 27-14-906.
(b) No one in this state other than a dealer licensed by the Arkansas Motor Vehicle Commission as a dealer in new motor vehicles, shall enter an assignment, or reassignment, of ownership on a manufacturer's certificate of origin to a motor vehicle. Any dealer in this state not licensed by the commission as a dealer in new motor vehicles who acquires a motor vehicle through an assignment or reassignment of ownership on a manufacturer's certificate of origin shall deliver the manufacturer's certificate of origin to the office and apply for registration and issuance of a certificate of title to the motor vehicle as required by § 27-14-903. A first violation of this section by any person shall constitute a Class A misdemeanor. A second violation of this section by any person shall constitute a Class D felony. A licensed used motor vehicle dealer who violates the provisions of this section shall also be deemed to have violated the provisions of the Used Motor Vehicle Buyers Protection Act, § 23-112-601 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-112-601. Necessity for regulation — Legislative findings — Legislative declaration.
(a) The General Assembly declares that the public interest is affected by the sale and distribution of used motor vehicles, and it is recognized that a significant factor of the inducement in making a sale of a used motor vehicle to a member of the general public is the trust and confidence of the purchaser in the retail dealer from whom the purchase is made, with the expectancy that the dealer will remain in business to stand behind and provide service for the motor vehicle purchased.
(b) It is therefore found to be necessary to license used motor vehicle dealers and to prohibit certain acts and set penalties for violations and perpetration of certain acts by used motor vehicle dealers who are not licensed as new motor vehicle dealers selling used cars incidental to their new motor vehicle dealership operations, salespersons, agents, representatives, and employees of used motor vehicle dealers in order to:
(1) Prevent fraud, improper impositions, and other abuses upon the citizens of this state;
(2) Protect and preserve the investments and properties of the citizens of this state; and
(3) Foster and keep alive vigorous and healthy competition by prohibiting unfair practices by which fair and honest competition is destroyed or prevented.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-112-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-112-601. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-903. Registration by transferee — Title retention notes.
(a)(1) The transferee of any new or used vehicle required by law to be registered shall apply for, or cause to be applied for, the registration thereof within thirty (30) days after the date of the release of lien by a prior lienholder, as provided in § 27-14-909, or thirty (30) days after the date of the transfer if no lien exists.
(2) No vehicle shall be operated upon a public street or highway for more than thirty (30) days after the release of lien by a prior lienholder, as provided in § 27-14-909, or thirty (30) days after the transfer date if no lien exists, unless a valid registration plate is properly attached thereto.
(b) A transferee shall at the same time present the certificate of title, endorsed and assigned as provided in § 27-14-902, to the Office of Motor Vehicle and make application for and obtain a new certificate of title for the vehicle, except as otherwise provided in §§ 27-14-904 and 27-14-907.
(c)(1)(A) It shall be unlawful for a dealer or other person who sells or finances the purchase of a vehicle subject to registration in this state to use a title retention note to secure his or her interest in the vehicle.
(B) As used in this section, a “title retention note” shall mean any instrument that grants the purchaser the right to possession and use of the vehicle, but withholds assignment of ownership on the existing certificate of title and its delivery to the purchaser, until full payment has been made by the purchaser, thereby thwarting the purchaser's ability to comply with subsection (b) of this section.
(2) It shall be a Class C misdemeanor for a motor vehicle dealer or other seller to fail to comply with the provisions of this subsection.
(d) This section is not inte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-903
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-14-903. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-906. Dealer and lienholder applications for registration and title certificates.
(a) The Secretary of the Department of Finance and Administration may permit lienholders and motor vehicle dealers to make applications for registration and certificates of title and to furnish them to the Office of Motor Vehicle on behalf of the purchaser of a new or used motor vehicle.
(b) The secretary shall promulgate reasonable rules to be complied with by motor vehicle dealers and lienholders in making application for registration and certificates of title on behalf of purchasers of new or used motor vehicles and may, if the secretary deems necessary, require the dealer or lienholder to post bond to ensure faithful compliance with the rules.
(c)(1) Any motor vehicle dealer or lienholder who has been authorized by the secretary to prepare applications for registration and certificates of title with respect to new or used motor vehicles shall transmit the applications to the secretary and shall attach thereto a copy of any conditional sales contract, conditional lease, chattel mortgage, or other lien or encumbrance or title retention instrument upon the motor vehicle.
(2) Upon receipt of the documents under subdivision (c)(1) of this section, the secretary shall file a lien and encumbrance, as provided in § 27-14-801 et seq., which from the date of filing shall be notice of the lien or encumbrance.
(d) On issuing the registration and certificate of title, the secretary shall mail the registration to the owner and the title to the lienholder, or to the owner if no lien exists.
(e) If the failure of a motor vehicle dealer or other lienholder to comply with the provisions of § 27-14-802 or § 27-14-806 results in the motor vehicle dealer or lienholder holding an unperfecte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-906
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-14-906. This identifies an authority to review, not proof of applicability.