Q: Do I still need to fill out the “Vehicle Sold to a Massachusetts Resident Form (RSA 261:56-a)?” A: No, issuing a temp plate to the customer serves the purpose of alerting the New Hampshire DMV. The RDMV 938 form is no longer required. Q: Do I have to use the new disclaimer form? A: While the disclaimer form is not required, it is highly recommended as a best management practice and limits your liability. It protects you in the instance the customer is pulled over and claims they were unaware of their obligations as the customer/Massachusetts resident. Again, NHADA highly recommends using this form. Q: Am I required to fill out the title application, or can the customer do this on their own at the Massachusetts RMV? A: You do not need to fill out a Massachusetts title application, the customer can do this on their own at the RMV, however, many NHADA members use a “runner” or a dealership employee to process the title application. In this example, the customer still leaves your lot with the temp plate, however, you are processing the title application on their behalf to eliminate the risk of you becoming liable for the vehicle if the customer does not meet their obligations. If the customer never gets the vehicle titled/perfects the lien, you are on the hook as the owner of the vehicle and responsible for the cost. Q: Has Massachusetts changed its regulations to allow for the mailing of a title application? A: HB 1243 only effects the vehicle sales process in New Hampshire, and you should follow the same Massachusetts regulations you previously have followed. WHAT DID DEALERSHIP TRANSACTIONS IN GREATER NEW ENGLAND LOOK LIKE IN 2023? The Phillips Report is the only publication that specifically speaks to auto dealership transaction values, trends and trajectories in the New England and New York market areas. DOWNLOAD THE 2023 YEAR END REPORT WWW.NANCYPHILLIPS.COM 5
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