Request By:
Mr. Russell M. Elswick
125 Lake Avenue
Nicholasville, Kentucky 40356
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General on the following state of facts:
You state that on December 31, 1977 you bought a car from a private owner who endorsed the certificate of title by assignment to you on the back of the certificate. On January 7, 1978, you took the registration certificate to the county clerk to have the car transferred to your name and get a 1978 license plate. The county clerk said you would have to have the car transferred for the year 1977 but would first have to have the car put back in the name of the previous owner for 1977.
To answer your question as to whether the clerk was correct, we are assuming that the 1977 registration was in Kentucky. KRS 186.190 provides that when a motor vehicle that has previously registered changes ownership, the old owner must have the registration changed to the name of the new owner and pay the required fee of three dollars, KRS 138.465 provides that the old owner must have the transfer recorded by the county clerk within 10 days of the date of sale.
In your case you presented the title certificate for transfer within 10 days and the clerk should have recorded the transfer and sold you your 1978 registration.
Although the registration year ended January 31, the vehicle could have been operated on the 1977 registration until March 1. KRS 186.020. Only one transfer fee is required to be paid in any case.
In OAG 77-776 we pointed out that the title to a vehicle passes at the time the seller signs the transfer on the back of the certificate and delivers the vehicle to the buyer regardless of whether the transfer is recorded.