(Ga. L. 1961, p. 68, § 16; Ga. L. 1965, p. 304, § 4; Ga. L. 1981, p. 883, § 6; Code 1981, §40-3-32; Ga. L. 1985, p. 149, § 40; Ga. L. 1986, p. 438, § 5; Code 1981, §40-3-33, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 1992, p. 2785, § 2; Ga. L. 2007, p. 652, § 10/HB 518; Ga. L. 2017, p. 742, § 5/HB 412; Ga. L. 2018, p. 1069, § 1/HB 761.)
The 2017 amendment, effective July 1, 2017, added subsection (d).
The 2018 amendment, effective May 8, 2018, substituted the present provisions of subsection (d) for the former provisions, which read: "On and after January 1, 2018, all applications for certificate of title by a motor vehicle dealer shall be submitted to the department electronically. The department may adopt rules and regulations to administer this subsection."; and added subsection (e).
Cross references.- Regulation of used car dealers generally, T. 43, C. 47.
JUDICIAL DECISIONS
Delivery of sworn assignment and warranty of title to transferee.
- Upon transfer of ownership it is required that transferor deliver sworn assignment and warranty of title to transferee on the certificate of title and until this is done, except as between the parties, the transferee obtains no interest in the vehicle. Farmers & Merchants Bank v. Holloway, 159 Ga. App. 645, 284 S.E.2d 661 (1981).
No duty for dealer to secure title in own name.
- Ga. L. 1961, p. 68, § 16 (see now O.C.G.A. § 40-3-33) relieves a dealer in automobiles of the duty imposed upon other transferees by Ga. L. 1961, p. 68, § 15 (see now O.C.G.A. § 40-3-32) of securing a new title certificate from the state revenue commissioner in the name of the dealer. Wreyford v. Peoples Loan & Fin. Corp., 111 Ga. App. 221, 141 S.E.2d 216 (1965).
Necessity of complying with provisions.
- While an automobile dealer, in the event of a purchase by the dealer of a vehicle which the dealer holds for resale, does not have to apply for and receive a title in the dealer's name in order to be protected against an unperfected security interest, the transfer to the dealer shall otherwise conform with the provisions of Ga. L. 1961, p. 68, § 15 (see now O.C.G.A. § 40-3-32). Frank Jackson Motors, Inc. v. Mortgage Enters., Inc., 124 Ga. App. 798, 186 S.E.2d 464 (1971).
Requirements for perfecting dealer's title.
- In order for the "title" of the dealer to be perfected the dealer must be in possession of a certificate of title upon which, or by separate paper, an assignment and warranty of title has been subscribed and sworn to by the transferor before an officer authorized by law to administer oaths in the state. Farmers & Merchants Bank v. Holloway, 159 Ga. App. 645, 284 S.E.2d 661 (1981).
Requirements for passing of title to purchaser.
- When the dealer, at the time of delivery of the car, did not literally comply with the law by executing an assignment and warranty of title on the reverse of the certificate, but substantially complied by the execution of a bill of sale from the dealer to the purchaser, whereupon the purchaser executed an application for a new certificate of title in the purchaser's name, and these documents (the existing certificate of title, the title application, and the bill of sale) were delivered on behalf of the purchaser to the lienholder, who causes the documents to be mailed or delivered to the commissioner, title of the automobile passed to the purchaser, and the dealer's subsequent purported transfer of ownership of the automobile was void. Cochran v. Harris, 123 Ga. App. 212, 180 S.E.2d 290, appeal dismissed, 227 Ga. 638, 182 S.E.2d 121 (1971).
Sale held complete without actual passing of certificate.
- While a buyer of a motor home on consignment was entitled to summary judgment after the dealer never paid the consignors, when the consignors refused to execute an assignment and warranty of title when the buyer sought those documents the buyer was entitled to damages including reasonable attorney's fees under O.C.G.A. § 40-3-32(a). Smith v. Hardeman, 281 Ga. App. 402, 636 S.E.2d 106 (2006).
Cited in Rome Bank & Trust Co. v. Bradshaw, 143 Ga. App. 152, 237 S.E.2d 612 (1977); Blakely & Son v. Humphreys, 148 Ga. App. 281, 250 S.E.2d 826 (1978); McConnell v. Barrett, 154 Ga. App. 767, 270 S.E.2d 13 (1980); United Carolina Bank v. Sistrunk, 158 Ga. App. 107, 279 S.E.2d 272 (1981); State v. 1977 Pontiac, 163 Ga. App. 456, 294 S.E.2d 660 (1982); Cobb Ctr. Pawn & Jewelry Brokers, Inc. v. Gordon, 242 Ga. App. 73, 529 S.E.2d 138 (2000); Right Touch of Class, Inc. v. Superior Bank, FSB, 244 Ga. App. 473, 536 S.E.2d 181 (2000).
OPINIONS OF THE ATTORNEY GENERAL
Older model vehicles.
- Neither Ga. L. 1961, p. 68, § 15 (see now O.C.G.A. § 40-3-32) nor Ga. L. 1961, p. 68, § 16 (see now O.C.G.A. § 40-3-33) requires a certificate of title on older model vehicles. 1962 Op. Att'y Gen. p. 306.
Transfer of salvage titles.- Licensed used motor vehicle parts dealer can transfer salvage titles without being licensed as a used motor vehicle dealer provided that such dealer complies with Ga. L. 1961, p. 68 (see now O.C.G.A. Ch. 3, T. 40) and rules and regulations of the State Revenue Commissioner relating to salvage vehicles. 1998 Op. Att'y Gen. No. 98-14.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 35 et seq., 49, 51.
C.J.S.- 60 C.J.S., Motor Vehicles, §§ 75 et seq., 96 et seq.
U.L.A.- Uniform Motor Vehicle Certification of Title and Anti-Theft Act (U.L.A.) § 15.
ALR.
- Civil rights and liabilities as affected by failure to comply with statute upon sale of motor vehicle, 52 A.L.R. 701; 63 A.L.R. 688; 94 A.L.R. 948; 58 A.L.R.2d 1351.