Posted by Su on 3/22/06 1:39am
Msg #107623

Have a question regarding getting a bill of sale notorized

I will be purchasing a car from out of state which as a lien against it. I will also be financing the car through capital one. Capital one has told me they will require a notarized bill of sale sent to them. The car is in nevada and i am located in Souther California so i will have to fly to NV and drive the vehicle back. My concern is that the best flight time for me is an evening flight which arrives near 10 PM. I dont think there will be any notaries near by at the time to notarize the bill of sale from the selling party.

So my question is will it be possible for the selling party to sign the document and have it notarized once, then pass it off to me and allow me to notarize it when i sign it once i have returned to california? Would this still be "legal" as a normal notary process?

Thanks!

Reply by LarryTN on 3/22/06 7:15am
Msg #107633

I'm not sure about CA, but it is illegal in my state to notarize your own documents!

Reply by hcampersFL on 3/22/06 7:21am
Msg #107636

Re: Have a question regarding getting a bill of sale notarized

Okay I don't think you are going to notarize your own document right?

I'm not sure if you need your signature even on the bill of sale? I would ask your finance company to send you a blank one and then check and see if it has a place for you to sign or not. If is does then I wouldn't see a problem with you having it notarized separately. You would sign in front of the notary correct? You may need to provide the seller with a receipt of purchase or something like that.

Of course its early and I might be totally wrong. I'm sure someone will let me know if I am! ;0)
Beverly

Reply by Su on 3/22/06 12:08pm
Msg #107756

Thanks for the responses. No i will not be notarizing my own document. The Bill of Sale will be from the Nevada DMV since i will be purchasing the car from Nevada.

From what i understand a Notary basically acts as a witness to the signature correct?

The document does require both of our signatures. So is it within the "rules" to have him sign the document infront of a notary and have it notarized. Then when i get the document to bring it back to california and then sign it infront of a Notary for my signature?

Reply by PAW on 3/22/06 1:04pm
Msg #107788

Re: Have a question regarding getting a bill of sale notoriz

>>> The Bill of Sale will be from the Nevada DMV since i will be purchasing the car from Nevada. <<<

The Bill of Sale will be from the seller, not the DMV (though the DMV may provide a form to use as the Bill of Sale - http://www.dmvnv.com/pdfforms/rd104.pdf and signatures on that form do not need to be notarized). Or are you talking about the Application for Title or Transfer of Title?

The following is from the NV DMV (http://www.dmvnv.com/nvreg.htm#Selling):
Buying A Vehicle - Private Party Sales

Title
If you are buying a vehicle from a private party, you must have a properly signed-off title to register the vehicle and transfer ownership. If the seller does not have a title, the owner of record will have to apply for a duplicate from the state where the vehicle was last titled. The buyer will not be able to register the vehicle without a valid title. A Bill of Sale by itself is not acceptable. Do not buy a vehicle with an orange-colored Salvage Title as it is illegal to sell a salvage vehicle to a private party.

If the title says 'person 1' AND 'person 2', both parties must sign to sell the vehicle.
If the title says 'person 1' OR 'person 2', either party can sign without the other.

Be sure to complete the Buyer section of the title with the full legal name(s) of the new owner(s). The new title and registration will reflect what is entered in the Buyer section.

The buyer and seller should complete a Bill of Sale (Form RD-104). The seller should keep this as proof that he or she sold the vehicle. It is not necessary for the buyer to have the Bill of Sale if there is a properly signed-off title. The seller should also keep his license plates.

If the vehicle was 1) last titled in Nevada, 2) is more than 9 model years old and 3) has no liens or the owner of record has a lien release, the buyer and owner of record can then complete 1) an Application for Duplicate Title and 2) a Bill of Sale to transfer ownership. In this case, the buyer must have the original copy of the Bill of Sale. Ensure that the vehicle was last titled in Nevada and that you are dealing with the owner of record...the person listed on the most recent title. If the vehicle is 9 model years old or newer, you must obtain an actual title to comply with federal odometer disclosure laws.

This is not to say that the Bill of Sale still wouldn't need to be notarized, just that according the the NV DMV, it doesn't, but typically, the application or transfer of the title needs to have the sellers signature notarized when titling in a different state.

Reply by Charm_AL on 3/22/06 7:24am
Msg #107638

you can't notarize your own sig

Reply by PAW on 3/22/06 7:59am
Msg #107653

Re: Have a question regarding getting a bill of sale notoriz

The two times I had to notarize signatures on a Bill of Sale for an out of state purchase, only the **sellers** signatures were notarized. The buyer, is you, and you will be presenting the bill of sale to DMV, finance company, insurance company, etc. where your signature would not need to be notarized, as you are there, in person.

So, to answer your question, you probably can have the sellers signatures already notarized on the Bill of Sale prior to your arrival.

Check with Capital One to determine whose signatures are to be notarized. Note that it is signatures that get notarized, not the document, so be sure to specify that to whoever you talk to. What a notary can notarize is all too often misunderstood by the general public, thinking we make documents legal by notarizing them.

Reply by SharonMN on 3/22/06 10:43am
Msg #107715

Re: Have a question regarding getting a bill of sale notoriz

Airport business centers often have notaries, so that might be another option for you.

Reply by Anonymous on 3/22/06 12:09pm
Msg #107757

Re: Have a question regarding getting a bill of sale notoriz

Ahh, this makes sense to me the way you explained it as "me being there".

Thanks a lot!