Okla. Admin. Code § 260:135-7-185

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-7-185 - Original certificate of title

(a)Completed application required. An application for Oklahoma Certificate of Title must be completed and forwarded to Service Oklahoma upon application for an original Oklahoma title.

(b)Manufacturer's statement of origin. A Manufacturer's Statement of Origin (MSO) must accompany the title to a vehicle which has never been titled or registered. If no MSO has yet been provided to the owner at time of initial title application, an original Oklahoma title may be placed on document hold upon presentation of ownership documentation acceptable to Service Oklahoma, such as a completed contract of sale from the selling dealership.

(c)Out-of-state titles; negotiable titles; memorandum titles. When issuing an original title from an out-of-state title to the individual whose name appears on the face, all information must be correctly transcribed from the out-of-state title. When presented with any document other than a negotiable out-of-state title, the Oklahoma title will be placed on document hold and not be released until the negotiable out-of-state title is surrendered. When the Oklahoma title is to be placed on document hold, the applicant is to be asked whether the vehicle is subject to any lien and, if so, is to complete an affidavit outlining the lienholder information. When an out-of-state title is submitted reflecting a secured party, the lien will be carried forward to the Oklahoma record, as outlined in OAC 260:135-7-228. If the negotiable out-of-state title is being held by the secured party, the owner of the vehicle shall file an affidavit with Service Oklahoma or the licensed operator stating that title to the vehicle is being held by a secured party and has not been issued pursuant to the laws of the state where titled, and that there is an existing lien or encumbrance on the vehicle. The current name and address of the secured party or lienholder shall also be stated in the affidavit. The form of the affidavit shall be prescribed by Service Oklahoma. In most instances, negotiable titles are those containing ownership assignment sections. Lack of assignments ordinarily indicates the title is non-negotiable.

(d)Assigned or reassigned out-of-state titles. An out-of-state title which has been properly assigned or reassigned is acceptable ownership documentation to qualify for issuance of an original Oklahoma title. Notarization is required on any assignment completed in a state that requires such notarization.

(e)Title issued only to assignee. Owner name must match the title assignment exactly. If there is an active lien, title will be issued to the lienholder until such time as the lien has been paid off and a lien release is provided. Titles without liens shall be issued to the registered owner.

(f)Actual sales price. The actual sales price, commonly referred to as "purchase price", is required for any vehicle on which an Oklahoma title is to be issued and excise tax and/or sales tax collected. The documentation described in this subsection is required to establish the actual sales price:

(1) For new vehicles, a purchase contract or bill of sale from the selling dealer will be required.

(2) For used vehicles, a purchase contract or bill of sale will be required. If neither of these documents is available, a "Declaration of Vehicle Purchase Price" must be completed by the purchaser. The vehicle purchase price indicated by the purchase contract, bill of sale or Declaration of Vehicle Purchase Price is the amount to be utilized for purposes of calculation of motor vehicle excise and sales taxes even under circumstances when a different amount has been entered in the vehicle assignment portion of the certificate of title.

(3) A purchase contract or bill of sale offered only to establish the actual sales price pursuant to this subsection, and not to convey ownership, need not be notarized.

(g)IRP registration title hold. When an applicant for an original Oklahoma title does not complete a registration transaction at that time, due to a declaration of intent to subsequently register the vehicle under the International Registration Plan (IRP), the Oklahoma title will be placed on hold until that registration transaction is completed and confirmed.

Okla. Admin. Code § 260:135-7-185

Transferred from 710:60-5-51 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023