(1)  As used in this section, “immediate family member” means a person‘s spouse, child, spouse of a child living in the person’s home, or parent.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 41-1a-705

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
  • Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
  • Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Trustee: A person or institution holding and administering property in trust.
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
  • Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
(2) 

(a)  A person may not sell, offer for sale, or display for sale or exchange any vehicle, vessel, or outboard motor unless the person is:

(i)  a person licensed under Chapter 3, Motor Vehicle Business Regulation Act;

(ii)  a motor vehicle auction;

(iii)  the lienholder or owner of the vehicle, vessel, or outboard motor as evidenced by the person’s name being printed by the division on the certificate of title;

(iv)  a person who has lawfully repossessed the vehicle, vessel, or outboard motor;

(v)  a holder of a statutory lien on the vehicle who is selling the vehicle, vessel, or outboard motor through a motor vehicle auction;

(vi)  a person lawfully donating the vehicle, vessel, or outboard motor to a non-profit charitable organization;

(vii)  a non-profit charitable organization that receives donated vehicles and sells or disposes of them; or

(viii)  a person lawfully selling the person’s immediate family member’s vehicle, vessel, or outboard motor.

(b)  Subsection (2)(a) does not apply to a personal representative, trustee, guardian, executor, administrator, sheriff, government entity, or other person who sells a vehicle, vessel, or outboard motor under the powers and duties granted or imposed by law.

(3)  Unless the new owner is a person listed in Subsections (2)(a)(i) through (viii), the new owner of a transferred vehicle, vessel, or outboard motor shall obtain a certificate of title for the vehicle, vessel, or outboard motor transferred to the new owner.

(4)  Unless the new owner is a person listed in Subsections (2)(a)(i) through (viii), the owner of the vehicle, vessel, or outboard motor shall title the vehicle, vessel, or outboard motor by completing an application and presenting to the division a properly endorsed certificate of title, duplicate certificate of title, or other document of authority along with any additional documents the division may require to transfer the title.

(5) 

(a)  A person who violates the provisions of Subsection (2) is guilty of a class B misdemeanor.

(b)  A person who violates any of the provisions of this section shall pay all fees and taxes required under this chapter that resulted from the violation.

(c)  Each vehicle sold, offered for sale, or displayed for sale in violation of this section shall be a separate offense.

(6)  Nothing in this section applies to a person purchasing a vehicle from a motor vehicle auction if the purchased vehicle is being transported out of the state.

Amended by Chapter 379, 2012 General Session