Skip to main content
Find a Lawyer

Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-6-148. Off-highway vehicles--sales

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Unless the owner has obtained a certificate of title for an off-highway vehicle under this article, a person shall not sell the off-highway vehicle and a vehicle dealer shall not purchase the off-highway vehicle; except that the dealer may purchase an off-highway vehicle without a certificate of title if the vehicle has never been titled and was originally purchased in:

(I) Colorado before July 1, 2014; or

(II) A foreign jurisdiction that does not or did not issue certificates of title to off-highway vehicles when purchased.

(b) If an off-highway vehicle dealer purchases an off-highway vehicle without a certificate of title, the dealer shall before finalizing the purchase require the seller to sign an affidavit that:

(I) Is made under penalty of perjury;

(II) States whether the vehicle is subject to a lien interest, and if there is a lienholder, the name of the lienholder;

(III) States that the seller owns the off-highway vehicle;

(IV) Indicates how long the seller has owned the off-highway vehicle; and

(V) Contains a warning to the seller that falsifying the affidavit is perjury because the affidavit is submitted to a public official.

(c) Upon being contacted by a powersports vehicle dealer, a law enforcement agency shall check the Colorado crime information center computer system to ascertain if the off-highway vehicle has been reported stolen. If the off-highway vehicle has been stolen, the agency shall recover and secure the vehicle and notify its rightful owner. Upon the release of the off-highway vehicle to the owner or lienholder, the agency shall adjust or delete the entry in the Colorado crime information center computer system.

(d) To obtain a title for an off-highway vehicle that an off-highway vehicle dealer purchased without a certificate of title, the dealer must present to the department an affidavit as described in paragraph (b) of this subsection (1), signed by the seller from whom the off-highway vehicle dealer acquired the off-highway vehicle.

(e) A sale or purchase made in violation of this subsection (1) is void.

(2) A current off-highway vehicle registration issued under article 14.5 of title 33, C.R.S., is sufficient evidence of ownership to issue a certificate of title under this part 1 if the off-highway vehicle was first purchased in Colorado before July 1, 2014, and has been registered for at least one year.

(3) Until an off-highway vehicle is issued a certificate of title, the attachment, recording, perfection, priority, renewal, extension, modification, releasing, termination, foreclosure, and any other aspect of a security interest in an off-highway vehicle is governed by the “Uniform Commercial Code”, title 4, C.R.S.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-6-148. Off-highway vehicles--sales - last updated January 01, 2025 | https://codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-6-148/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard