§ 321.45 — Title must be transferred with vehicle

Iowa § 321.45

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321: MOTOR VEHICLES AND LAW OF THE ROAD

Text

1. a. No manufacturer, importer, dealer, or other person shall sell or otherwise dispose
of a new vehicle subject to registration under the provisions of this chapter to a dealer to be
used by such dealer for purposes of display and lease or resale without delivering to such
dealer a manufacturer’s or importer’s certificate duly executed and with such assignments
thereon as may be necessary to show title in the purchaser thereof; nor shall such dealer
purchase or acquire a new vehicle that is subject to registration without obtaining from the
seller thereof such manufacturer’s or importer’s certificate. In addition to the assignments
stated herein, such manufacturer’s or importer’s certificate shall contain thereon the
identification and description of the vehicle delivered and the name and address of the
dealer to whom said vehicle was originally sold over the signature of an authorized official
of the manufacturer or importer who made the original delivery.
b. For each new mobile home, manufactured home, travel trailer, and camping trailer said
manufacturer’s or importer’s certificate shall also contain thereon the exterior length and
exterior width of said vehicle not including any area occupied by any hitching device, and
the manufacturer’s shipping weight.
c. Completed motor vehicles, other than class “B” motor homes, which are converted,
modified,oralteredshallretaintheidentityandmodelyearoftheoriginalmanufacturerofthe
vehicle. Motor homes and all other motor vehicles manufactured from chassis or incomplete
motor vehicles manufactured by another may have the identity and model year assigned by
the final manufacturer.
d. Notwithstanding paragraph “c”, a glider kit vehicle shall take the identity of the new
cab and the new frame used in the assembly of the glider kit vehicle.
2. a. A person shall not acquire any right, title, claim, or interest in or to any vehicle
subject to registration under this chapter from the owner thereof except by virtue of
a certificate of title issued or assigned to the person for such vehicle or by virtue of a
manufacturer’s or importer’s certificate delivered to the person for such vehicle and waiver
or estoppel shall not operate in favor of any person claiming title to or interest in any vehicle
against a person having possession of the certificate of title or manufacturer’s or importer’s
certificate for such vehicle for a valuable consideration except in the following cases:
(1) The perfection of a lien or security interest as provided in section 321.50.
(2) The perfection of a security interest in new or used vehicles held as inventory for sale
as provided in uniform commercial code, chapter 554, article 9.
(3) A dispute between a buyer and the selling dealer who has failed to deliver or procure
the certificate of title as promised.
(4) Except for the purposes of section 321.493.
(5) The vehicle is disposed of pursuant to section 321.52, subsection 2, paragraph “b”.
(6) An insurer obtains a salvage certificate of title for a vehicle pursuant to section 321.52,
subsection 4, paragraph “a”.
b. Except in the cases enumerated in paragraph “a”, no court in any case at law or
equity shall recognize the right, title, claim, or interest of any person in or to any vehicle
subject to registration sold or disposed of, or mortgaged or encumbered, unless evidenced
by a certificate of title or manufacturer’s or importer’s certificate duly issued or assigned in
accordance with the provisions of this chapter.
3. Upon the transfer of any registered vehicle, the owner, except as otherwise provided
in this chapter, shall endorse an assignment and warranty of title upon the certificate of title
for such vehicle with a statement of all liens and encumbrances thereon, and the owner shall
deliverthecertificateoftitletothepurchaserortransfereeatthetimeofdeliveringthevehicle

except as otherwise provided in this chapter. The owner shall indicate to the transferee the
name of the county in which the vehicle was last registered and the registration expiration
date.
4. After acquiring a used mobile home or manufactured home to be titled in Iowa, a
manufactured or mobile home retailer, as defined in section 103A.51, shall within thirty days
apply for and obtain from the county treasurer of the county where the mobile home or
manufactured home is located a new certificate of title for the mobile home or manufactured
home. In the event that there is a prior lien or encumbrance to be released, as required by
section 321.50, subsection 5, the thirty-day time period in this subsection does not begin to
run until the lien or encumbrance is released.

Legislative History

[S13, §1571-m9; C24, 27, 31, 35, §4961; C39, §5002.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.45; 82 Acts, ch 1251, §10]