Montana Code 61-4-110. Obligation of dealer to pay off liens on motor vehicles accepted in trade, purchase, or consignment — duties of dealer and secured party
61-4-110. Obligation of dealer to pay off liens on motor vehicles accepted in trade, purchase, or consignment — duties of dealer and secured party. (1) (a) If a dealer accepts a motor vehicle in trade or purchase from a customer and there is an outstanding loan balance owing on the traded or purchased motor vehicle, the dealer shall remit payment to the secured party to whom the balance on the traded or purchased motor vehicle is owed in an amount sufficient to satisfy the perfected security interest on the traded or purchased motor vehicle by the earlier of the following dates:
Terms Used In Montana Code 61-4-110
- Dealer: means a person that, for commission or profit, engages in whole or in part in the business of buying, selling, exchanging, or accepting on consignment new or used motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, off-highway vehicles, or special mobile equipment that is not registered in the name of the person. See Montana Code 61-1-101
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(i)21 days from the date of acceptance of the motor vehicle in trade; or
(ii)15 days from the date of the receipt by the dealer of payment in full from the sale of the traded motor vehicle.
(b)If a dealer accepts a motor vehicle from an owner for sale upon consignment and there is an outstanding loan balance owing on the consigned motor vehicle, the dealer shall remit payment to the secured party to whom the balance on the consigned motor vehicle is owed in an amount sufficient to satisfy the perfected security interest on the consigned motor vehicle within 15 days from the date of the receipt by the dealer of payment in full for sale of the consigned motor vehicle.
(2)A secured party who has been paid in full by a dealer in accordance with the terms of this section shall forward to the department a properly executed release within:
(a)15 business days after the business day on which the funds are received when the funds are in cash, cashier’s check, certified check, teller’s check, or other certified source of funds;
(b)18 business days after the business day on which the funds are received when the funds are in the form of a check drawn on a local originating depository institution; or
(c)21 business days after the business day on which the funds are received when the funds are in the form of a check drawn on a nonlocal originating depository institution.
(3)For purposes of this section, “business day” means a weekday, excluding any weekday upon which a legal holiday falls.