3.6Failing to Assure Title Transfer When Vehicle Is Sold

A.Statutory Authority

“The owner of a motor vehicle who has made a bona fide sale by transfer of his or her title or interest and who has delivered possession of the vehicle and the certificate of title to that vehicle properly endorsed to the purchaser or transferee is not liable for any damages or a violation of law that subsequently results from the use or ownership of the vehicle by another, if the owner, other than a licensed dealer, satisfies the conditions prescribed under [MCL 257.240(2)].” MCL 257.240(1).

“The owner of a motor vehicle, other than a licensed dealer, shall satisfy 1 of the following conditions:

(a) Accompany the purchaser of the vehicle to a secretary of state branch office to assure that the title of the vehicle being sold is transferred.

(b) Maintain a record of the sale for not less than 18 months. As used in this subdivision, ‘record of the sale’ means either a photocopy of the reassigned title or a form or document that includes the name, address, driver license number, and signature of the person to whom the vehicle is sold and the purchase price and date of sale of the vehicle.” MCL 257.240(2).

B.Penalties

The general rules for assessing costs apply to violations of MCL 257.240(2). See Section 1.20 for a discussion of the general rules governing the assessment of costs; see also the Michigan Judicial Institute’s table for a quick reference guide.

“A person who violates [MCL 257.240(2)] is responsible for a civil infraction and shall be ordered to pay a civil fine of $15.00.” MCL 257.240(3). See also MCL 257.907(2)(c).

C.Issues

“A person who violates [MCL 257.240(2)] is presumed to be the last titled owner and to be liable for towing fees and daily storage fees for an abandoned motor vehicle.” MCL 257.240(4).