§ 2113 — Transfer

§ 2113. Transfer. (a) If an owner transfers his interest in a vehicle,\nother than by the creation of a security interest, he shall, at the time\nof the delivery of the vehicle, execute an assignment and warranty of\ntitle to the transferee in the space provided therefor on the\ncertificate or as the commissioner prescribes, and cause the certificate\nand assignment to be mailed or delivered to the transferee. The\nassignment and warranty of title required by this section shall include\na statement signed by the transferor stating either, (i) any facts or\ninformation known to him that could reasonably affect the validity of\nthe title of the vehicle; or, (ii) that no such facts or information are\nknown to him.\n (b) Except as provided in section two thousand one hundred fourteen,\nthe transferee shall, within thirty days after transfer to him of the\nvehicle, execute the application for a new certificate of title in the\nspace provided therefor on the certificate or as the commissioner\nprescribes, and cause the certificate and application to be mailed or\ndelivered to the commissioner. The application required by this section\nshall include a statement similar to that required to be included in an\napplication for a first certificate of title by paragraph (4) of\nsubdivision (a) of section two thousand one hundred five of this\nchapter.\n (c) Except as provided in section two thousand one hundred fourteen, a\ntransfer by an owner is not perfected so as to be valid against third\nparties generally until the provisions of this section and section two\nthousand one hundred sixteen have been complied with; however, an owner\nwho has delivered possession of the vehicle to a bona fide transferee\nand has complied with the provisions of this section and section two\nthousand one hundred sixteen is not deemed an owner within the\nprovisions of section three hundred eighty-eight of this chapter, and,\nnotwithstanding any other provision of law, shall not be presumed to\nhave caused such vehicle to be abandoned for purposes of subdivision\nseven of section twelve hundred twenty-four of this chapter if the owner\nhas retained a copy of the assignment and warranty of title. Failure to\nretain such copy shall not preclude such owner from rebutting any\npresumption contained in such subdivisions.\n