Posted by Roger_OH on 1/16/12 12:14pm
Speaking of vehicle titles...
Ohio is actually in the minority of states that require notarized signatures for both buyer and seller on a title transfer. This is not an issue when dealers are involved as they have staff notaries and necessary POAs for the titlework.
All the vehicle title transfers I do are private sales between individuals, The title document is comprised of two sections. First, an Assignment of Ownership - this contains name and address for both buyer and seller, the vehicle odometer reading, and the sales price.
Second section is the buyers Application for a new title, which contains their info and again confirms the sales price (for sales tax to the buyer).
Both sections require notarized signatures, and are in jurat format, requiring an oath/affirmation be administered to all signers.
My question is to those in states where notarized signatures are NOT required on title transfers. In a private sale between individuals, how is the buyer/seller info, odometer reading, and sales price verified if they are not signing before a notary?
Do they then have to execute the document at the DMV? Is there an issue with increased title fraud in your states?
Thanks for your insights.
Reply by HARRY_PA on 1/16/12 12:23pm
There is no verification required in those state.
Reply by HARRY_PA on 1/16/12 12:23pm
Reply by Deborah Breedlove on 1/16/12 1:36pm
Here in KS, there is no verification required as long as it's a KS title. I know it seems unbelievable, and it wasn't this way several years ago. Back then, the seller had to sign the title and a bill of sale in front of a notary. Now, the seller signs the back of the title and completes the sale info in the convenience of their home or wherever they want. The buyer signs and takes it to the DMV.
Reply by MikeC/TX on 1/16/12 3:00pm
It was never required in NY while I was there, and I don't think it's required here in TX either (I just purchased a used car at a dealer, and there was no notary involved in the title transfer.
I recall that the NY title had verbiage that the statements made on the transfer portion of the title were made under penalty of perjury. The sales price wasn't included; the seller had to supply a bill of sale and if the amount wasn't at least close to fair market value, you might have some explaining to do to DMV.
Reply by rengel/CA on 1/16/12 3:43pm
Notarization not required in California
Just fill out and sign the DMV forms
Reply by Julie/MI on 1/16/12 5:02pm
My 16 year old just purchased a car via private sale &
to answer your question the seller filled in the odometer reading and we put in the sales price and went to secretary of state to get the new title and pay the sales tax (tick me off, it's already paid once when the vehicle was new).
Guess we're just honest people in Michigan, the public is taken on their word no notary required.
Reply by Frenchie/TN on 1/16/12 5:02pm
Notarization is not required in TN. The seller enters odometer information, sales price and dates and signs the back of the title and so does the buyer. I guess if the buyer signs based on the information entered, he agrees to it and that constitutes a valid verification of the transaction.
Reply by SANTA CLARITA MOBILE NOTARY on 1/17/12 3:08am
Notarizing Vehicle titles...
I'm in California and notarize a lot of titles for a company who sell a lot of expensive race cars which are mostly sold at auctions. The titles are from various states. Most are simple and straightforward with very little room for any verbage or notary stamp.
First, should I be attaching a separate acknowledgment/jurat form in addition to what's on the form? That makes me a little nervous attaching a loose notary form to a title.
Secondly, most the titles specifically state: DO NOT NOTARIZE unless the buyer is present at the time of the notarization of the seller's signature, which most of the time is NOT the case. So I inform my client I cannot notarize it if it's left blank. They must put something in there, even if it's the name of the auction company. We're both a little unsure about this and I want to be sure I'm doing it right.