A transferee of a vehicle registered under this Article is not required to register the vehicle or forward the certificate of title to the Division as provided in G.S. 20-73 when the transferee is any of the following:
(1) A dealer who is licensed under Article 12 of this Chapter and who holds the vehicle for resale.
(2) An insurance company taking the vehicle for sale or disposal for salvage purposes where the title is taken or requested as a part of a bona fide claim settlement transaction and only for the purpose of resale.
(3) A charitable organization operating under section 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)) and the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization.
To assign or transfer title or interest in the vehicle, the charitable organization or dealer shall execute, in the presence of a person authorized to administer oaths, a reassignment and warranty of title on the reverse of the certificate of title in the form approved by the Division, which shall include the name and address of the transferee. To assign or transfer title or interest in the vehicle, the insurance company shall execute a reassignment and warranty of title on the reverse of the certificate of title in the form approved by the Division, which shall include the name and address of the transferee. The title to the vehicle shall not pass or vest until the reassignment is executed and the motor vehicle delivered to the transferee.
The dealer transferring title or interest in a motor vehicle shall deliver the certificate of title duly assigned in accordance with the foregoing provision to the transferee at the time of delivering the vehicle, except:
(1) Where a security interest in the motor vehicle is obtained from the transferee in payment of the purchase price or otherwise, the dealer shall deliver the certificate of title to the lienholder and the lienholder shall forward the certificate of title together with the transferee's application for new certificate of title and necessary fees to the Division within 20 days; or
(2) Where the transferee has the option of cancelling the transfer of the vehicle within 10 days of delivery of the vehicle, the dealer shall deliver the certificate of title to the transferee at the end of that period. Delivery need not be made if the contract for sale has been rescinded in writing by all parties to the contract.
Any person who delivers or accepts a certificate of title assigned in blank shall be guilty of a Class 2 misdemeanor.
The title to a salvage vehicle shall be forwarded to the Division as provided in G.S. 20-109.1, except with respect to the title of any salvage vehicle transferred pursuant to G.S. 20-109.1(b)(2) or G.S. 20-109.1(e1). (1937, c. 407, s. 39; 1961, c. 835, s. 9; 1963, c. 552, s. 5; 1967, c. 760; 1973, c. 1095, s. 3; 1975, c. 716, s. 5; 1993, c. 440, s. 12; c. 539, s. 341; 1994, Ex. Sess., c. 24, s. 14(c); 1997-327, s. 2.1; 2013-400, s. 3; 2018-43, s. 2; 2019-153, s. 4.)
Notes of Decisions
Hawkins v. M & J Fin. Corp., 77 S.E.2d 669 (N.C. 1953).
· cites it 4× “G.S. § 20-75. Thereupon, the certificate of title, as so transferred and acknowledged by the dealer, is forwarded by him or by the new owner to the Department of Motor Vehicles, with the new owner's application for transfer of registration, and the Department, upon receipt of a…”
Int'l Serv. Ins. Co. v. Iowa Nat. Mut. Ins. Co., 172 S.E.2d 55 (N.C. 1970).
· cites it 8× “§ 20-72(b) and G.S. § 20-75, effective 1 July 1961, by adding at the end of each section the following sentence: "Transfer of ownership in a vehicle by an owner (by a dealer) is not effective until the provisions of this subsection have been complied with.”
North Carolina Nat'l Bank v. Robinson, 336 S.E.2d 666 (N.C. Ct. App. 1985).
· cites it 4× “shall execute in the presence of a person authorized to administer oaths a reassignment and warranty of title on the reverse of the certificate of title .”
Cmty. Credit Co. of Lenoir, Inc. v. Norwood, 125 S.E.2d 369 (N.C. 1962).
· cites it 2× “A dealer acquiring an automobile for resale was not required to have title to that vehicle registered in his name but he was required to deliver to the purchaser the *90 registration certificate and title which had been issued to the dealer’s vendor and to notify the Department…”
Nationwide Mut. Ins. Co. v. Hayes, 174 S.E.2d 511 (N.C. 1970).
“20-72 (b) and G.S. 20-75, effective 1 July 1961 to provide: ‘Transfer of ownership in a vehicle by an owner (by a dealer) is not effective until the provisions of this subsection have been complied with.”
Home Indem. Co. v. West Trade Motors, Inc., 129 S.E.2d 248 (N.C. 1963).
· cites it 3× “20-72, and (b) sale by a registered owner to a dealer and the subsequent sale by the registered dealer to a nondealer, G.S. 20-75. G.S. 20-72 (b) was rewritten by the 1961 Legislature.”
Rushing v. Polk, 128 S.E.2d 675 (N.C. 1962).
“9 (codified as a part of G.S. 20-75) was enacted after this cause of action accrued, and it relates to transfers of ownership by a dealer.”
Seymour v. Ws Boyd Sales Co., 127 S.E.2d 265 (N.C. 1962).
“20-72 (b); G.S. 20-75. Strict compliance with these requirements is necessary in every sale of motor vehicles.”
Int'l Serv. Ins. v. Iowa Nat'l Mut. Ins., 172 S.E.2d 55 (N.C. 1970).
· cites it 4× “20-72 (b) and G.S. 20-75, effective 1 July 1961, by adding at the end of each section the following sentence: “Transfer of ownership in a vehicle by an owner (by a dealer) is not effective until the provisions of this subsection have been complied with.”
Hawkins v. M & J Fin. Corp., 77 S.E.2d 669 (N.C. 1953).
“G.S. 20-75. Thereupon, the certificate of title, as so transferred and acknowledged by the dealer, is forwarded by him or by the new owner to the Department of Motor Vehicles, with the new owner’s application for transfer of regis *181 tration, and the Department, upon receipt…”
Int'l Serv. Ins. v. Iowa Nat'l Mut. Ins., 168 S.E.2d 66 (N.C. Ct. App. 1969).
· cites it 2× “Thus the question before us for determination is whether the facts found by the trial court support the conclusion of law that ownership of the automobile involved in the accident passed from Piedmont to John Zimmerman prior to the date of said accident for purposes of tort…”
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.