11.15.14.05

.05 Used Vehicles Sold or Transferred from Someone Other Than a Dealer.

A. An applicant for a certificate of title for a used vehicle transferred from someone other than a dealer shall provide the Administration with a:

(1) Properly assigned certificate of title or other ownership documentation acceptable to the Administration from the jurisdiction in which the vehicle was last registered; and

(2) Completed application for a certificate of title.

B. The Administration shall refuse to issue a certificate of title if:

(1) The required documents are not furnished or the information is incomplete;

(2) The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(3) The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;

(4) A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;

(5) A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;

(6) An error or alteration in the documents furnished has occurred and a letter of explanation or certified statements does not clarify the error or alteration to the satisfaction of the Administration;

(7) The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;

(8) The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;

(9) Certain documents are lost or omitted and the applicant fails to furnish:

(a) A letter of indemnification which is subject to the approval of the Administration; and

(b) Photocopies of lost documents;

(10) The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:

(a) Letters of administration/testamentary;

(b) A legal heir form; or

(c) A death certificate;

(11) For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home sold before January 1, 1989, is not furnished;

(12) The vehicle is an import and the following documents are not furnished:

(a) One of the following:

(i) Appropriate U.S. Customs forms; or

(ii) If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and

(b) If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:

(i) Receipts for conversion work, or

(ii) A bond release letter;

(13) The vehicle was subject to a security interest and a proper termination statement is not furnished:

(a) On a Maryland Notice of Security Interest Filing form;

(b) On a title;

(c) On a letter on the lien holder's letterhead; or

(d) By electronic transmission from an approved vendor;

(14) The ownership document is a salvage certificate from this State or another state and the inspection by a police officer in this State who is authorized to inspect salvage vehicles has not been furnished;

(15) The applicant has requested a replacement VIN but has not:

(a) Furnished an application for an assigned VIN; or

(b) Had a VIN inspection completed by an authorized police officer in this State;

(16) The ownership document is a salvage certificate branded "Not Rebuildable — Parts Only — Not To Be Retitled";

(17) The vehicle is less than 7 years old and the applicant:

(a) Did not furnish a notarized bill of sale; and

(b) Refuses to pay excise tax based on the greater of the purchase price or the book value of the vehicle;

(18) The purchase price on the title is left blank and the applicant fails to produce a bill of sale;

(19) The assignment of ownership is signed by the seller, but:

(a) The space provided for the purchaser's name is left blank; and

(b) A bill of sale is not furnished;

(20) A Maryland titled vehicle is transferred as a gift between family members and the applicant fails to furnish a:

(a) Gift certification form; and

(b) Proof of relationship certification;

(21) A vehicle with an open lien is transferred as a gift between a parent and child, and the transferor and transferee fail to furnish a statement signed by both parties, identifying the individual who:

(a) Paid the down payment;

(b) Paid the taxes;

(c) Made all previous payments; and

(d) Incurred the obligation for continued payment; or

(22) The vehicle is transferred as a result of a divorce and the divorce decree is not furnished.