D.C. Mun. Regs. tit. 18, r. 18-402

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 18-402 - TRANSFER OF CERTIFICATES OF TITLE

402.1

If an owner transfers interest in a vehicle, other than by the creation of a security interest, he shall, within four (4) business days after the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided on the certificate or as the Director prescribes, and cause the certificate and assignment to be delivered to the transferee. If no certificate is outstanding, the transferor shall deliver the proof of ownership prescribed in § 401.

402.2

(a) An application for title by any person acquiring a vehicle which is titled in the name of a deceased person shall be accompanied by an assignment of ownership executed by the decedent's personal representative and an authenticated copy of the letters testamentary or administration issued to the representative by an appropriate court. If the vehicle is the subject of a small estate order and is a scheduled asset in the order, the person in whose name the probate court vests title in the vehicle may make the assignment. An authenticated copy of the small estate order shall accompany the application for a new certificate.

(b) If the deceased has assigned a beneficiary or beneficiaries, as indicated in the Department'sdatabase to a vehicle titled in the District, then the surviving beneficiary or beneficiaries may transfer the vehicle to themselves without having to file a probate action. The deceased's assignment, as indicated in the Department's database shall supersede any other document executed by the decedent reflecting a different beneficiary or beneficiaries, including, but not limited to, a will or trust. The interest of the surviving beneficiary or beneficiaries shall remain subject to the rights of all lien holders and to any contract of sale, lease, assignment, or security interestto which the owner was subject during his or her lifetime.

402.3

In the case of deceased person who was a national of a foreign country whose certificate was issued free because of diplomatic status, an application for a new title shall be accompanied by a letter from the Embassy or Mission to which the deceased person was attached, stating that the transfer of ownership is desired. The letter shall be signed by the Ambassador or one of the First Secretaries, or, in the absence of both, the Charge D'Affaires.

402.4

If a dealer transfers a new vehicle to any person, that dealer shall, within four (4) business days after the transfer, deliver to the transferee a certificate of manufacture, except that in the case of a transferee who is a duly accredited representative of a foreign government, the certificate need not be delivered within the four (4) day period but shall be delivered as soon after delivery of the vehicle as possible.

402.5

For purposes of § 402.4, the term "dealer" means a new car dealer registered in accordance with this title, banks, finance companies, and other persons holding a certificate of manufacture with the right to assign that certificate.

402.6

If a dealer acquires a vehicle, holds it for resale, and procures the certificate from the owner or the lien holder, that dealer need not apply for a new certificate but, upon transferring the vehicle to another person (other than by the creation of a security interest), shall do the following:

(a) Promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee(s) and any lien holder holding a security interest created or reserved at the time of the resale and the date of his or her security agreement in the spaces provided on the certificate, or as the Director prescribes; and

(b) Deliver the certificate to the Director with the transferee's application for a new certificate.

402.7

If a dealer acquires a vehicle and no certificate or certificate of title is procured by the dealer, that dealer shall, within five (5) business days after acquisition of the vehicle, make application on a form provided by the Director accompanied by such proof of ownership as the Director may reasonably require and the fee prescribed for a dealer's proof of ownership. Upon disposition of the vehicle, the dealer shall assign to the transferee the dealer's proof of ownership.

402.8

Only new car dealers, used car dealers, and their salespersons registered in accordance with this title may reassign any certificate, certificate of title, dealer's proof of ownership, or other vehicle ownership documents. A dealer registered as a dealer in motor vehicle equipment or services under this title shall not be so authorized.

402.9

Effective September 21, 2004, if all reassignment spaces on the back of a certificate of title are filled in, a dealer may apply to the Director for a Dealer's proof of ownership.

D.C. Mun. Regs. tit. 18, r. 18-402

Final Rulemaking published at 51 DCR 11341 (December 10, 2004); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008); amended by Final Rulemaking published at 66 DCR 12746 (9/27/2019)