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7400.5200 SELLING NEW OR USED MOTOR VEHICLE.

Subpart 1.

Documentation required on file.

For each vehicle sold by a dealer, the dealer must have on file copies of the sales agreement, an odometer statement, and, if the vehicle is sold to a Minnesota retail customer, evidence that taxes and fees have been collected from the customer and paid to the registrar and that an application for a Minnesota certificate of title has been completed and filed.

Subp. 2.

Sales agreement.

The sales agreement must be maintained and made available for the registrar's inspection for three years after the sale of the vehicle. For a sale to a licensed dealer, this information does not need to be on a document separate from the manufacturer's statement or certificate of origin or the certificate of title. The sales agreement must contain the following information:

A.

the name and address of the dealer and every purchaser;

B.

a complete description of the vehicle, including the model year, make, model, body style, vehicle identification number, and, if a used vehicle, the license plate number and state of registration;

C.

if the vehicle is sold to a retail customer, the sale price of the vehicle;

D.

the allowance for and the description of any trade-in;

E.

an itemized list of all fees and taxes collected in connection with the vehicle transaction;

F.

the date of sale; and

G.

signatures on behalf of the purchasers and the dealer.

Subp. 3.

Odometer statement.

The odometer statement must meet the requirements of chapter 7402, and Minnesota Statutes, section 325E.15. The odometer statement must be maintained and made available for the registrar's inspection for three years after the sale of the vehicle. The odometer statement does not need to be on a document separate from the certificate of title.

Subp. 4.

Taxes, fees, and title application.

Except as provided in items A to D, the dealer shall complete a title and registration application and shall submit the application along with the excise and registration taxes and all applicable fees to the registrar within ten days of the sale of the vehicle. The dealer must have on file an itemized receipt showing a breakdown of the taxes and fees paid. The receipt must be stamped as paid by a deputy registrar. The receipt must be maintained and made available for the registrar's inspection for three years after the sale of the vehicle.

A.

If the purchaser is not a Minnesota customer, the dealer is not required to complete an application or submit the application, taxes, and fees.

B.

If the purchaser is eligible to pay a prorated tax and provides a prorate account number to the dealer, the dealer shall complete and file a title application, but the dealer is not required to collect and submit either the excise or registration tax.

C.

If the vehicle is currently registered in Minnesota, the dealer is not required to collect and submit the registration tax.

D.

If the vehicle must have an emissions inspection before registration, the dealer is not required to collect and submit the registration tax.

Statutory Authority:

MS s 299A.01

History:

19 SR 157

Published Electronically:

November 8, 2006