This document is very often completed incorrectly for private sales between individuals, resulting in the need to obtain a duplicate title. Important points to remember:
Do not complete any of the spaces, or sign the title until the notary is present. Any erasures or other alterations to the title WILL VOID IT and have to obtain a duplicate title.
Make certain the deal is going to be completed before executing the Assignment of Ownership section. The buyer does not need to be present for the seller to complete the Assignment section; but, the seller must have the (LEGAL) name and address of the buyer in order to complete the section and have their signature notarized.
The Assignment of Ownership section is a SWORN statement by the Seller, that the information they are providing for the title transfer is truthful and correct. This includes the buyer’s name, the odometer reading, and the ACTUAL sales price. The Seller MUST appear, show identification, be given an oath/affirmation, and sign in the presence of the notary.
The title signatures cannot be notarized with any blank spaces on the document.
Note that there is no such thing as an “open” title for a private sale. The seller cannot just sign over the title to the buyer, and have it notarized later. Again, the seller MUST appear, show ID, complete all spaces, and sign before the notary.
This is the reason the state requires notaries for this process – to prevent fraud. Otherwise, someone could steal a title document, forge a name as the seller, and then acquire a new title.
The only exception to this is if the signer has executed a Power of Attorney form permitting a third party to act and sign on his/her behalf. This form is available at all BMV locations or their website (form 3771), and its signature must also be notarized.
What do I need to transfer a title?
- Original (not a copy) Lien Free Title.
- All sellers listed on the title MUST APPEAR (except with a POA).
- Photo ID’s of seller(s).
- Legal name and address of the buyer.
- What the current odometer reading is.