Transferring a car title to another person in California is a common but often confusing process for both sellers and buyers. This essential legal step ensures that vehicle ownership is officially changed in the records of the California Department of Motor Vehicles (DMV). Understanding how to transfer car title to another person in california correctly is crucial to avoid penalties, ensure legal compliance, and protect both parties involved in a sale or gift. This guide will walk you through the necessary documentation, steps, and key considerations to make the process as smooth as possible, ensuring that the new owner is legally recognized and the previous owner is released from liability.
Understanding Car Title Transfers in California
A car title, also known as a Certificate of Title, is a legal document that establishes ownership of a vehicle. When a vehicle changes hands, whether through a sale, gift, or inheritance, the title must be transferred to the new owner. This process updates the official records with the California Department of Motor Vehicles (DMV) and is vital for several reasons. For the seller, it officially removes their liability for the vehicle regarding accidents, tickets, and registration fees after the sale date. For the buyer, it provides legal proof of ownership, allowing them to register the vehicle, obtain insurance, and eventually sell it themselves. Without a proper title transfer, the new owner cannot legally drive or register the vehicle in their name, and the previous owner may remain liable for issues related to the car. The complexity can vary based on factors like whether the title is lost, if there’s a lien, or if the vehicle is being gifted.
Key Documents Required for a California Title Transfer
Before initiating the transfer, both the seller and buyer must gather specific documents. Having these prepared in advance will significantly streamline the process at the California DMV. Missing even one document can lead to delays and additional visits.
- California Certificate of Title: This is the most crucial document. It contains vital vehicle information, including the Vehicle Identification Number (VIN), make, model, year, and the names of the legal and registered owners. The seller must sign this title in the designated sections. If the original title is lost or damaged, the registered owner will need to apply for a Duplicate Title (Form REG 227) before the transfer can proceed.
- Smog Certification: Most vehicles require a smog inspection certificate issued within 90 days of the sale. This applies to gasoline-powered vehicles manufactured in 1976 or later, and diesel-powered vehicles from 1998 or newer with a Gross Vehicle Weight Rating (GVWR) of 14,000 pounds or less. There are some exceptions, such as electric vehicles, natural gas vehicles, motorcycles, and vehicles 8 years old or newer, which may be exempt from the biennial smog requirement, but the 8-year rule does not apply to a change of ownership transfer. The seller is typically responsible for ensuring the vehicle passes smog inspection, though this can be negotiated.
- Bill of Sale (Optional but Recommended): While not always required by the DMV for a standard transfer, a Bill of Sale (Form REG 135) provides a record of the transaction. It should include the vehicle’s description, VIN, sale price, and the names and signatures of both buyer and seller. This document is particularly useful for establishing the sale date, protecting both parties, and helping the buyer declare the purchase price for tax purposes.
- Odometer Disclosure Statement: For vehicles less than 10 years old (excluding heavy-duty trucks), federal and state law requires the seller to disclose the vehicle’s mileage on the Certificate of Title or a separate Odometer Disclosure Statement (Form REG 262). This ensures transparency about the vehicle’s actual usage.
- Vehicle/Vessel Transfer Form (REG 262): This form is used for various ownership transfers, including when the original title is missing.
- Application for Duplicate or Transfer of Title (REG 227): This form is used when the original title is lost, stolen, or mutilated, allowing for both a duplicate title issuance and an immediate transfer to the new owner.
Steps for the Seller to Transfer a Car Title
The seller has several key responsibilities to ensure a legal and smooth title transfer. Neglecting these steps can result in lingering liabilities or issues for the new owner.
1. Complete the Certificate of Title
The primary step for the seller is to correctly fill out and sign the original California Certificate of Title. Locate the designated sections for the seller’s signature, printed name, and the date of sale. It’s crucial that the signature matches the name printed on the title exactly. If there are multiple registered owners, all must sign. On the same document, or on a separate REG 262 form, accurately record the odometer reading at the time of sale. This disclosure is mandatory for most vehicles. Additionally, the seller must remove the license plates from the vehicle, as they typically belong to the seller, unless they are specific personalized plates that the buyer wishes to retain and has arranged to transfer.
2. Provide a Smog Certificate (if applicable)
As mentioned, most vehicles require a valid smog certificate. The seller is usually responsible for obtaining this from a licensed smog check station. Ensure the certificate is issued within 90 days of the sale. If the vehicle fails smog, the seller is generally responsible for repairs to ensure it passes, or the sale price should reflect the cost of repairs if agreed upon by the buyer. Some exceptions apply, but it’s best to confirm with the DMV if unsure.
3. Complete and Submit a Notice of Transfer and Release of Liability (NRL)
This is a critical step for the seller. Within 5 days of selling, donating, or transferring ownership of a vehicle, the seller must complete and submit a Notice of Transfer and Release of Liability (NRL) (Form REG 138) to the DMV. This form officially informs the DMV that you are no longer the owner of the vehicle and releases you from civil or criminal liability for the vehicle after the date of sale. This protects you from future parking tickets, traffic violations, or accidents involving the vehicle once it’s no longer in your possession. The NRL can be submitted online through the DMV website, by mail, or in person. Keep a copy for your records.
4. Prepare a Bill of Sale
Although not strictly required by the DMV for every transfer, a Bill of Sale (Form REG 135) is highly recommended. It serves as a contract between the buyer and seller, documenting the terms of the transaction. It should include:
* Vehicle’s make, model, year, and VIN.
* Sale price.
* Date of sale.
* Names and addresses of both buyer and seller.
* Signatures of both buyer and seller.
A Bill of Sale can protect both parties in case of future disputes or for tax purposes.
Steps for the Buyer to Complete a Car Title Transfer
Once the seller has fulfilled their obligations, the onus is on the buyer to finalize the ownership transfer with the California DMV. This usually needs to be done promptly after the purchase.
1. Gather Required Documents
The buyer must collect the signed-over Certificate of Title from the seller, the smog certificate (if applicable), and any Bill of Sale provided. If the original title was lost, the seller would have provided a completed REG 227 (Application for Duplicate or Transfer of Title).
2. Complete the Title Application Section
On the Certificate of Title, the buyer must locate and fill out the sections designated for new owner information. This includes their printed name, address, and signature. If there are multiple new owners, all must sign. This is also where the buyer will typically declare the purchase price for sales tax calculation.
3. Provide Proof of Insurance
California law requires all drivers to carry adequate liability insurance. The DMV will require proof of financial responsibility (e.g., insurance card) before registering the vehicle in the new owner’s name.
4. Pay Fees and Taxes
The buyer is responsible for paying several fees and potentially sales tax to the DMV. These typically include:
* Transfer Fee: A fee for processing the title change.
* Registration Fees: If the vehicle’s registration is due for renewal or was expired, the buyer will pay these.
* California Sales or Use Tax: This is generally based on the purchase price of the vehicle, unless it’s a gift or certain other exemptions apply. The DMV calculates this based on the stated purchase price on the title or bill of sale.
* Vehicle License Fee (VLF): An annual fee paid in place of property tax on vehicles.
* Other Fees: Depending on location, there may be district fees or other miscellaneous charges.
5. Submit Documents to the DMV
The buyer must submit all completed documents, along with payment for fees and taxes, to the California DMV. This can be done in person at a DMV field office, by mail, or through a licensed registration service. It is highly recommended to visit the DMV in person or use an online appointment system to minimize wait times and ensure all documents are correctly processed. The buyer has 10 calendar days from the date of sale to complete the transfer and pay all fees. Failure to do so within this timeframe may result in penalties. Once processed, the buyer will receive a new registration card and new license plate stickers, and eventually, a new Certificate of Title will be mailed to them.
Special Scenarios for Title Transfers
While the standard process covers most situations, certain circumstances can alter the steps involved in how to transfer car title to another person in california.
Lost or Missing Title
If the original Certificate of Title is lost, stolen, or damaged, the registered owner (seller) must first apply for a Duplicate Title using Form REG 227 (Application for Duplicate or Transfer of Title). This form can also be used to simultaneously apply for a duplicate title and transfer ownership to the new owner, streamlining the process. The seller must complete the “Application for Duplicate Title” section, and then both the seller and buyer complete the “Transfer of Title” section.
Transferring to a Family Member or as a Gift
When a vehicle is transferred between immediate family members (e.g., parent to child, spouse to spouse) or as a gift, sales tax may be waived. However, a Statement of Facts (Form REG 256) must be completed, indicating the relationship or the gift status. All other transfer procedures, including the signed title and smog certificate (if applicable), generally still apply. Even if it’s a gift, the “purchase price” on the title might be listed as $0.00.
Vehicles with a Lienholder
If there is an outstanding loan on the vehicle (i.e., a lienholder), the title will be held by the lender. Before the vehicle can be transferred, the loan must be paid off. Once the loan is satisfied, the lienholder will release their interest, often by signing off on the title or issuing a lien release document. The seller will then provide the buyer with the released title for transfer.
Vehicles with Deceased Owners
Transferring a vehicle from a deceased owner can be complex and depends on whether there’s a will, a trust, or if the estate goes through probate. Generally, an Affidavit for Transfer of Title Without Probate (Form REG 5) can be used for vehicles valued under a certain amount, allowing a surviving heir to transfer ownership. Otherwise, legal documentation from the probate court may be required.
Essential Tips for a Smooth Transfer
Navigating the California DMV can be challenging, but these tips can help ensure your title transfer goes smoothly:
- Make an Appointment: The California DMV offers online appointment scheduling. Making an appointment can significantly reduce your wait time at a field office.
- Double-Check All Forms: Before heading to the DMV, review all forms to ensure they are fully and accurately completed, with no missing signatures or information.
- Keep Copies: Make photocopies of all submitted documents (title, bill of sale, NRL confirmation) for your records.
- Communicate Clearly: Both buyer and seller should communicate openly about responsibilities, timelines, and costs.
- Consider a Registration Service: For an additional fee, private registration services can handle the entire transfer process on your behalf, saving time and hassle.
- Online Resources: The California DMV website is a comprehensive resource for forms, FAQs, and online services. For example, you can find details about vehicle registration and titling at maxmotorsmissouri.com for more general car maintenance tips.
Transferring a car title is a critical step in vehicle ownership change. While it may seem daunting, by following these guidelines and understanding the requirements, both sellers and buyers can complete the process efficiently and legally.
Conclusion
Understanding how to transfer car title to another person in california is essential for anyone buying or selling a vehicle in the state. By meticulously following the outlined steps—from preparing the necessary documents like the signed Certificate of Title and smog certificate, to submitting the Notice of Transfer and Release of Liability for sellers, and promptly registering the vehicle and paying fees for buyers—both parties can ensure a legal, efficient, and hassle-free transaction. Proper title transfer safeguards sellers from future liabilities and provides buyers with legitimate proof of ownership, making it a crucial process in California’s automotive landscape.
Last Updated on October 16, 2025 by Cristian Steven
