(a) It is a Class C misdemeanor for any person to fail or neglect to properly endorse or deliver any certificate of title to the department, a transferee, or other person lawfully entitled to the certificate of title.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 55-3-127

  • Appraisal: A determination of property value.
  • Dealer: means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state. See Tennessee Code 55-8-101
  • Department: means the department of revenue. See Tennessee Code 55-1-111
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(b) It is a Class C misdemeanor for any lienor, including a mortgagee or a vendor, to fail or neglect upon the discharge of the lien, mortgage or encumbrance, to properly discharge the lien in the manner provided for in this part and, if the certificate of title be in the lienor’s possession, to fail to deliver the certificate to the person entitled to the certificate.
(c) It is a Class C misdemeanor for any lienor whose lien has been discharged to fail to report the discharge to the department within seventy-two (72) hours from the date of discharge by registered mail, return receipt demanded.
(d) It is a Class C misdemeanor for any transferor to fail or neglect to enter the transferee name on a properly endorsed certificate of title before delivery to the transferee.
(e) It is a Class C misdemeanor for any person to possess an executed certificate of title without the name of the transferee appearing on the certificate of title.
(f) Any person found to be in violation of subsection (d) or (e) shall be liable for the sales or use tax on the fair market value of the vehicle as is determined by reference to the most recent issue of an authoritative automotive pricing manual, such as the NADA Official Used Car Guide, Southeastern Edition, or by an appraisal by a duly licensed motor vehicle dealer in the state, plus a twenty-five percent (25%) penalty.
(g) Any person found to be in possession of a vehicle with an improperly assigned title which fails to identify the transferee must immediately establish ownership of the vehicle, register the vehicle and pay the required tax and penalty. The vehicle will be impounded by state or local law enforcement officials until the person in possession can prove ownership or until the rightful owner is located. In the event the rightful owner cannot be established within thirty (30) days, the vehicle will be deemed abandoned and will be disposed of by the commissioner of safety.
(h) Insurance companies authorized to underwrite policies on motor vehicles as a result of a paid claim are authorized to endorse change in ownership on the certificate of title or registration without obtaining a new certificate of title or registration or registering with the department for sales and use tax purposes.
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