(1) If an owner transfers his interest in a vehicle, 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 of title, except if the space provided
therefor on the owner's certificate of title fails to meet the Kentucky requirements
for lawful conveyance of title or if the space provided therefor on the owner's
certificate of title fails to meet the requirements for the owner to execute an
odometer disclosure statement as required by federal law in effect at the time
transferor executes an assignment and warranty of title. Pursuant to the exceptions
provided by this subsection and in other cases where applicable, the transferor shall
execute an assignment and warranty of title to the transferee by executing the
application as provided by the Department of Vehicle Regulation and available
from the county clerk. The transferor shall cause the application with the certificate
of title attached to be delivered to the transferee.
(2) Except as otherwise provided in this chapter, the transferee shall, promptly after
delivery to him of the vehicle, execute the application for a new certificate of title
and registration. If an application is required by subsection (1) of this section, the
transferee shall execute the applicable portions provided to him by his transferor.
Any unexpired registration shall remain valid upon transfer of said vehicle to the
transferee.
(3) The application with its supporting documentation attached shall promptly be
submitted to the county clerk as provided in KRS 186A.115, together with the
required fees.
(4) If it comes to the attention of a transferor that a transferee did not promptly submit
the necessary document within fifteen (15) calendar days to the county clerk as
required by law in order to complete the transfer transaction, a transferor shall
submit to the county clerk, in his county of residence, an affidavit that he has
transferred his interest in a specific vehicle, and the clerk shall enter appropriate
data into the AVIS system which shall restrict any registration transaction from
occurring on that vehicle until the transfer has been processed. The Transportation
Cabinet may adopt administrative regulations governing this subsection. This
subsection shall not apply to any transactions involving licensed Kentucky motor
vehicle dealers.
(5) This section shall not apply to a vehicle which has had the title surrendered to a
county clerk or a hulk vehicle. Hulk vehicle shall mean a vehicle or part thereof that
is:
(a) In a rusted, wrecked, discarded, worn out, extensively damaged, dismantled,
and mechanically inoperative condition; or
(b) Of an apparent value of less than two hundred dollars ($200).
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 35, sec. 5, effective July 15, 1996. -- Amended
1988 Ky. Acts ch. 98, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts ch.
36, sec. 2, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 164, sec. 40,
effective July 15, 1982.
Notes of Decisions
Nantz v. Lexington Lincoln Mercury Subaru, 947 S.W.2d 36 (Ky. 1997).
· cites it 18× “" Moreover, two statutes, KRS 186A.215 and 186A.220, delineate the procedure to be followed when ownership to a motor vehicle is transferred.”
Cowles v. Rogers, 762 S.W.2d 414 (Ky. Ct. App. 1988).
· cites it 4× “For us to conclude otherwise would seriously undermine the specific mandatory provisions dictating how the transfer of vehicle ownership shall be accomplished as set forth in KRS 186A.215(1). This statute provides that “[i]f an owner transfers his interest in a vehicle, he…”
Graham v. Rogers, 277 S.W.3d 251 (Ky. Ct. App. 2008).
· cites it 12× “1997), in which the Kentucky Supreme Court held that “according to KRS 186A.215, a transfer of title takes place when the seller completes and signs the assignment of title section of the title certificate and delivers it to the buyer.”
Ellis v. Browning Pontiac-Chevrolet-GMC Truck-Geo, Inc., 125 S.W.3d 306 (Ky. Ct. App. 2003).
· cites it 6× “Under KRS 186A.215, an automobile owner who transfers his interest in a vehicle must execute to the buyer an assignment and warranty of title on the certificate of title.”
Cunningham v. Commonwealth, 501 S.W.3d 414 (Ky. 2016).
· cites it 3× “If he could not as a matter of law be guilty of theft, he could not, per force, be guilty of burglary. To support his argument, Appellant contends that the motorcycle could not be “property of another” because the title to the motorcycle was' never transferred to Martin in…”
Guar. Nat'l Ins. v. Cain, 851 F. Supp. 265 (E.D. Ky. 1994).
· cites it 6× “Although the court in Rogers made clear that title for liability insurance purposes does not automatically pass to the buyer upon delivery, it does pass if the seller and the buyer have complied with section 186A.215 by completing the applicable portions of the vehicle…”
Crocker v. McWhorter (In re McWhorter), 557 B.R. 543 (Bankr. E.D. Ky. 2016).
· cites it 2× “Under Kentucky law: “If an owner transfers his interest in a vehicle, 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 of title _” Ky. Rev. Stat. § 186A.215(1).…”
Omni Ins. Co. v. Kentucky Farm Bureau Mut. Ins. Co., 999 S.W.2d 724 (Ky. Ct. App. 1999).
· cites it 2× “KRS 186A.215 provides, in pertinent part, as follows: (1) If an owner transfers his interest in a vehicle, 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 of…”
Calhoun v. Provence, 395 S.W.3d 476 (Ky. Ct. App. 2012).
“*484 (2) Upon purchasing such a vehicle or accepting it in trade, the dealer shall obtain from his transferor, properly executed, all documents required by KRS 186A.215, to include the odometer disclosure statement thereon, together with a properly assigned certificate of title.”
Hartford Accident & Indem. Co. v. Maddix, 842 S.W.2d 871 (Ky. Ct. App. 1992).
“2 Those requirements are not the same as the requirements for non-dealers under KRS 186A.215 (the statute upon which the Cowles decision was based).”
SCT Motor Cars, Inc. v. Auto. Fin. Corp. (In re Cunningham Used Cars, Inc.), 182 B.R. 22 (Bankr. E.D. Ky. 1995).
· cites it 2× “(2) Upon purchasing such a vehicle or accepting it in trade, the dealer shall obtain from his transferor, properly executed, all documents required by KRS 186A.215, to include the odometer disclosure statement thereon, together with a properly assigned certificate of title.”
— Ky. Rev. Stat. § 186A.215(1) — 8 cases
Nantz v. Lexington Lincoln Mercury Subaru, 947 S.W.2d 36 (Ky. 1997).
“" Moreover, two statutes, KRS 186A.215 and 186A.220, delineate the procedure to be followed when ownership to a motor vehicle is transferred.”
Cowles v. Rogers, 762 S.W.2d 414 (Ky. Ct. App. 1988).
“For us to conclude otherwise would seriously undermine the specific mandatory provisions dictating how the transfer of vehicle ownership shall be accomplished as set forth in KRS 186A.215(1). This statute provides that “[i]f an owner transfers his interest in a vehicle, he…”
Crocker v. McWhorter (In re McWhorter), 557 B.R. 543 (Bankr. E.D. Ky. 2016).
“Under Kentucky law: “If an owner transfers his interest in a vehicle, 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 of title _” Ky. Rev. Stat. § 186A.215(1).…”
Guar. Nat'l Ins. v. Cain, 851 F. Supp. 265 (E.D. Ky. 1994).
“Although the court in Rogers made clear that title for liability insurance purposes does not automatically pass to the buyer upon delivery, it does pass if the seller and the buyer have complied with section 186A.215 by completing the applicable portions of the vehicle…”
Graham v. Rogers, 277 S.W.3d 251 (Ky. Ct. App. 2008).
“1997), in which the Kentucky Supreme Court held that “according to KRS 186A.215, a transfer of title takes place when the seller completes and signs the assignment of title section of the title certificate and delivers it to the buyer.”
— Ky. Rev. Stat. § 186A.215(2) — 5 cases
Nantz v. Lexington Lincoln Mercury Subaru, 947 S.W.2d 36 (Ky. 1997).
“" Moreover, two statutes, KRS 186A.215 and 186A.220, delineate the procedure to be followed when ownership to a motor vehicle is transferred.”
Graham v. Rogers, 277 S.W.3d 251 (Ky. Ct. App. 2008).
“1997), in which the Kentucky Supreme Court held that “according to KRS 186A.215, a transfer of title takes place when the seller completes and signs the assignment of title section of the title certificate and delivers it to the buyer.”
Guar. Nat'l Ins. v. Cain, 851 F. Supp. 265 (E.D. Ky. 1994).
“Although the court in Rogers made clear that title for liability insurance purposes does not automatically pass to the buyer upon delivery, it does pass if the seller and the buyer have complied with section 186A.215 by completing the applicable portions of the vehicle…”
— Ky. Rev. Stat. § 186A.215(3) — 7 cases
Graham v. Rogers, 277 S.W.3d 251 (Ky. Ct. App. 2008).
“1997), in which the Kentucky Supreme Court held that “according to KRS 186A.215, a transfer of title takes place when the seller completes and signs the assignment of title section of the title certificate and delivers it to the buyer.”
Guar. Nat'l Ins. v. Cain, 851 F. Supp. 265 (E.D. Ky. 1994).
“Although the court in Rogers made clear that title for liability insurance purposes does not automatically pass to the buyer upon delivery, it does pass if the seller and the buyer have complied with section 186A.215 by completing the applicable portions of the vehicle…”
— Ky. Rev. Stat. § 186A.215(4) — 6 cases
Nantz v. Lexington Lincoln Mercury Subaru, 947 S.W.2d 36 (Ky. 1997).
“" Moreover, two statutes, KRS 186A.215 and 186A.220, delineate the procedure to be followed when ownership to a motor vehicle is transferred.”
Graham v. Rogers, 277 S.W.3d 251 (Ky. Ct. App. 2008).
“1997), in which the Kentucky Supreme Court held that “according to KRS 186A.215, a transfer of title takes place when the seller completes and signs the assignment of title section of the title certificate and delivers it to the buyer.”
Omni Ins. Co. v. Kentucky Farm Bureau Mut. Ins. Co., 999 S.W.2d 724 (Ky. Ct. App. 1999).
“KRS 186A.215 provides, in pertinent part, as follows: (1) If an owner transfers his interest in a vehicle, 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 of…”
— Ky. Rev. Stat. § 186A.215(8) — 1 case
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