N.Y. Comp. Codes R. & Regs. tit. 15 § 78.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 78.10 - Form of certificate of sale (form mv-50), obtaining certificates of sale and use

(a) Form. The commissioner shall design and distribute certificates of sale (form MV-50).

(b) Obtaining and returning certificates of sale.

(1) The requisition form for certificates of sale should be submitted by mail to the address shown on the requisition form. When reordering books of MV-50's, the requisition form must be submitted with all completed books of form MV-50. The requisition form must be signed by an officer, partner, individual owner, or any person authorized by the dealer.

(2) Old supplies of certificates of sale (form MV-50) should be used up before new certificates of sale are used. However, by March 1, 1993, only certificates of sale with a print date of "2/92" or later may be used.

(3) Within five business days from receipt of a book of certificates, the dealer must notify the Division of Vehicle Safety Services of the department of any discrepancy between the certificates actually received and the certificates purportedly sent. At the expiration of such five-day period, in the absence of notification to the contrary, it is presumed that any book of certificates mailed or delivered to a dealer was received by the dealer intact, and the dealer will be required to account for all certificates so mailed or delivered to him.

(4) Books of form MV-50 must be kept in a safe place where they will not be accessible to persons not directly connected with the dealer's business. No dealer shall lend a book of certificates of sale or any certificate of sale. A dealer shall be in violation if unable to satisfactorily account for every MV-50.

(c) Use.

(1) Certificates of sale. Form MV-50 shall be issued only if the vehicle is owned or controlled by the dealer or the dealer is making a courtesy delivery as described in paragraph (3) of this subdivision. Form MV-50 must be used to transfer ownership of all vehicles owned or controlled by the dealer, in addition to any other forms, such as a certificate of title, required by these regulations.

(2) It is the responsibility of the retail dealer to classify each vehicle as retail or wholesale. If the vehicle is sold at retail, the dealer must further classify the vehicle as "New", "Used", "Demonstrator" or "Salvage" by checking the appropriate box or boxes at the top of the form.

(3) A retail dealer selling a vehicle as "Wholesale" or "Salvage" shall write "VOID" on the MV-TCR for that vehicle and leave the MV-TCR attached to the MV-50.

(4) A wholesale dealer must use wholesale MV-50 (without MV-TCR attached) and classify each vehicle as wholesale by checking the appropriate box at the top of the form.

(5) The dealer must use a certificate of sale in transferring the ownership of all vehicles, including dealer-to-dealer and out-of-state sales.

(6) A form MV-50 marked "wholesale" will be valid only as proof of ownership. It will not be acceptable for registration purposes.

(d) No dealer shall transfer a certificate of sale (form MV-50) which is not completely filled out including signature to another dealer or any person, except that unused certificates of sale must be returned to the Department of Motor Vehicles, with the MV-TCR's attached.

(e) Courtesy delivery. A courtesy delivery occurs when a dealer is responsible for delivering a vehicle sold by another dealer, obtaining title and registration for the vehicle and collecting any sales tax which may be due. A dealer may choose to treat a courtesy delivery as a vehicle owned or controlled by that dealer.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.10