O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-3-35 (2019)

Issuance of new certificate of title; retention of surrendered certificate of title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The commissioner or the commissioner’s duly authorized county tag agent, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner. (b) The commissioner or the commissioner’s duly authorized county tag agent, upon receipt of an application for a new certificate of title by

a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commissioner or the authorized county tag agent, the commissioner or authorized county tag agent shall make demand therefor from the holder thereof. (c) The commissioner or the commissioner’s duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein.

History

Ga. L. 1961, p. 68, § 19; Code 1981, § 40-3-34; Code 1981, § 40-3-35, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 1997, p. 739, § 18.

Annotations

Law reviews. For note on 1990 amendment of this Code section, see 7 Georgia. St. U.L. Rev. 329 (1990).

RESEARCH REFERENCES Am. Jur. 2d. 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 30, 31. C.J.S. 60 C.J.S., Motor Vehicles, §§ 77 et seq., 100 et seq.

U.L.A. Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 18.

Notes of Decisions
Cited in 3 cases, 1987–1996 · leading case: Hall v. Rome Auto. Co., Inc., 353 S.E.2d 542 (Ga. Ct. App. 1987).
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Hall v. Rome Auto. Co., Inc., 353 S.E.2d 542 (Ga. Ct. App. 1987). · cites it 2× “Appellant argues that a directed verdict was improper because there was evidence that appellee sold the Datsun in a manner unauthorized by law, citing OCGA § 40-3-35 (b) among other statutes allegedly violated by appellee.”
Walker v. Sutton, 476 S.E.2d 34 (Ga. Ct. App. 1996). · cites it 2× “1 See OCGA § 40-3-35 (b). The certificate of title fails to show a release by the lienholder, Trust Company Bank of Middle Georgia, a condition precedent before Sutton Trucking Company, Inc.”
Bill Davidson Buick, Inc. v. Sims, 369 S.E.2d 285 (Ga. Ct. App. 1988). · cites it 8× “The basis of the breach of contract claim was appellant’s allegation that appellee did not comply with OCGA § 40-3-35 by having the title to the car marked “salvage” or “rebuilt.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.