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Subdivision 1.Assignment and warranty of title; mileage; notice of sale.
If an owner transfers interest in a vehicle other than by the creation of a security interest, the owner shall at the time of the delivery of the vehicle execute an assignment and warranty of title to the transferee and shall state the actual selling price in the space provided on the certificate. Within ten days of the date of sale, other than a sale by or to a licensed motor vehicle dealer, the owner shall: (1) complete, detach, and return to the department the form on the certificate entitled "Notice of Sale," if one is provided, including the transferee's name, address, and driver's license number, if any, and the date of sale; or (2) transmit this information electronically in a form acceptable to the commissioner. With respect to motor vehicles subject to the provisions of section 325E.15, the transferor shall also, in the space provided therefor on the certificate, state the true cumulative mileage registered on the odometer or that the actual mileage is unknown if the odometer reading is known by the transferor to be different from the true mileage. The transferor shall cause the certificate and assignment to be delivered to the transferee immediately.
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Subd. 2.Application for new certificate.
Except as provided in section 168A.11, the transferee must, within 20 calendar days after assignment to the transferee of the vehicle title certificate, execute the application for a new certificate of title in the space provided on the certificate, and cause the certificate of title to be mailed or delivered to the department. Failure of the transferee to comply with this subdivision results in the suspension of the vehicle's registration under section 168.17.
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Subd. 4.Notification of security interest.
If a security interest is reserved or created at the time of the transfer, a notification of security interest shall be delivered or mailed to the person who becomes the secured party.
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Subd. 5.Compliance removes liability after delivery.
Except as provided in section 168A.11 and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with; however, an owner who has delivered possession of the vehicle to the transferee and has complied, or within 48 hours after such delivery does comply, with the provisions of this section requiring action by the owner is not liable as owner for any damages resulting from operation of the vehicle after the delivery of the vehicle to the transferee. An owner is not liable who has complied with the provisions of this section except for completing and returning the Notice of Sale or transmitting the required information electronically under subdivision 1.
Notes of Decisions
Am. Nat'l Gen. Ins. Co. v. Solum, 641 N.W.2d 891 (Minn. 2002).
· cites it 24× “At the time the title was transferred from Daniel to Helen Solum, the statute provided that “[i]f an owner transfers interest in a vehicle * * * the owner shall * * * execute an assignment and warranty of title to the transferee and shall state the actual selling price * * *…”
Welle v. Prozinski, 258 N.W.2d 912 (Minn. 1977).
· cites it 17× “The primary issue presented on appeal is whether an automobile owner, who fails to comply with the provisions of § 168A.10 of the so-called Motor Vehicle Certificate of Title Act, may introduce evidence to prove that he is not the owner of the automobile and therefore not liable…”
Bank North v. Soule, 420 N.W.2d 598 (Minn. 1988).
· cites it 20× “case, may one who has purchased ownership of a vehicle from the owner named on the vehicle certificate of title establish the fact of his purchase and *601 thereby defeat a claim of a lender possessing a security interest in the vehicle by virtue of reliance upon a certificate…”
Carousel Automobiles, Inc. v. Gherity, 527 N.W.2d 813 (Minn. 1995).
· cites it 34× “Minn.Stat. § 168A.10, subd. 1. In light of these provisions, Kaye could not have sold the vehicle directly to Gherity because he did not hold a certificate of title in his name.”
First Nat'l Bank of the North v. Auto. Fin. Corp., 661 N.W.2d 668 (Minn. Ct. App. 2003).
· cites it 4× “Minn.Stat. § 168A.10, subd. 5 (2002). An owner who validly transfers an interest in a vehicle is required to execute an assignment and warranty of title to the transferee.”
Auto-Owners Ins. Co. v. Forstrom, 684 N.W.2d 494 (Minn. 2004).
· cites it 2× “In Solum , this court engaged in a painstaking analysis of four of our earlier decisions addressing the admissibility at trial of extrinsic evidence rebutting the presumption of ownership of a motor vehicle established under the Motor Vehicle Certificate of Title Act, Minn.Stat.…”
Hampton Bank v. River City Yachts, Inc., 528 N.W.2d 880 (Minn. Ct. App. 1995).
· cites it 2× “1977) (holding that normal presumption of ownership in favor of holder of motor vehicle certificate of title may be rebutted, despite language of Minn.Stat. § 168A.10, subd. 5 providing that the transfer of a motor vehicle is not effective until titling requirements are complied…”
Am. Nat'l Gen. Ins. Co. v. Solum, 631 N.W.2d 420 (Minn. Ct. App. 2001).
· cites it 6× “On appeal, American National argues that because the Solums complied with the certificate of title transfer statute, extrinsic evidence should not have been allowed to challenge ownership.”
Arneson v. Integrity Mut. Ins. Co., 344 N.W.2d 617 (Minn. 1984).
“Although compliance with the title transfer requirements establishes a conclusive presumption that a sale has taken place, noncompliance with the transfer provisions of § 168A.10 does not preclude the titleholder from presenting extrinsic evidence to establish that, although the…”
Auto-Owners Ins. Co. v. Forstrom, 669 N.W.2d 617 (Minn. Ct. App. 2003).
· cites it 5× “Our analysis begins with Minn.Stat. § 168A.10, part of the Motor Vehicle Certification of Title Act (motor vehicle act), which addresses the presumption of ownership of an automobile based on title.”
BLC Ins. Co. v. Vivent, 359 N.W.2d 315 (Minn. Ct. App. 1984).
· cites it 2× “Minn.Stat. § 168A.10, subd. 1 (1982). Despite this statutory responsibility, it has been held that the certificate of title creates merely a rebuttable presumption of ownership, and that a transferor may avoid vicarious liability under the Safety Responsibility Act by presenting…”
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