1. When I am ready to sell my car, can I just sign the back of the title and give it to the buyer?
4. What paperwork is necessary to give my car away to a local charity?
5. What do I need to sell a car that was in my husband’s name, who died last year?
7. How do I request a duplicate title?
8. Can I donate my vehicle to someone not related to me and will they have to pay any tax?
9. Do you still have to sign a separate odometer statement when selling a vehicle?
10. Is it necessary to turn in my license plate when I sell my vehicle?
Q: When I am ready to sell my car, can I just sign the back of the title and give it to the buyer?
A: Yes, you can, but there are many reasons why you shouldn’t. The most important reason being that you will have no written record of the sale. Also, you have to sign in front of two witnesses other than the buyer, and one of them has to go with the buyer to the Notary Public to swear that he saw you sign as seller. If an error is made on the back of the title, your signature will still be needed on the Affidavit of Correction.
I recommend that you take the title to a Notary Public at SEARS and let the Notary fill in the correct information on the title and prepare a Bill of Sale. ALWAYS ask for (and keep forever) a notarized copy of the Bill of Sale for your records. If a policeman knocks on your door at 2:00 a.m., informing you that your car has been involved in a hit and run; you can produce your copy and prove that it is no longer your vehicle.
Q: Can I sell my vehicle for $1.00, or what is the lowest price I can get away with so my friend won’t have to pay a lot of sales tax?
A: Some states tax a vehicle by its curb weight, so the amount on the Bill of Sale is listed as $1.00 and other valuable consideration. In Louisiana, tax is due on the actual amount of the sale. At this time, there is no limit as to how low the sale price can be. However; you are committing fraud against the state and perjuring yourself if you sign a Bill of Sale that does not contain the true amount.
Many people have forgotten that they are taking an oath and swearing to the facts stated on the Bill of Sale. Don’t falsify a document just to save a few dollars of sales tax for someone else.
Q: My wife and I own a vehicle jointly and she will be out of town this weekend when I sell it. Can she go ahead and sign the title or can I sign for her when we complete the sale?
A: If she signs the title, she must follow the steps regarding witnesses in Answer #1, and I suggest signing a handwritten or typed Bill of Sale also. You would have to take a witness to the Notary, etc.
The best way to handle this situation is to have your wife sign and have notarized a Vehicle Power of Attorney, so that you can sign both for yourself and for your wife when the sale is completed. This POA will also allow you to apply for a duplicate title if one is needed, or to sign any other document that may be required for the sale.
Q: What paperwork is necessary to give my car away to a local charity?
A: Take the title to a Notary Public at SEARS and request an Act of Donation to the charity. You will need to know the exact name of the charity and if possible, their address. Give the notarized title and the Act of Donation to the person picking up your vehicle. Keep a copy for your records, and if you haven’t already done so, turn in the license plate.
Q: What do I need to sell a car that was in my husband’s name, who died last year?
A: You need either a Certified Copy of the Judgment of Succession or a notarized Affidavit of Heirship. The Judgment should list all of the heirs and specify who inherited the vehicle. If it was left half to you and half to the children, then you can sell the vehicle by yourself as long as there is a clause in the Judgment giving you usufruct over whatever property the children inherit. If that clause is not included, the children over 18 will also need to sign the Bill of Sale. The buyer will need the Certified Copy of the Judgment when he pays his sales tax on the vehicle.
If there is no Judgment, all heirs need to sign the Affidavit of Heirship, unless they are minors. However, as the spouse, only you need to sign the Bill of Sale. A copy of the death certificate or published obituary notice must accompany the Affidavit.
Q: Since I already have a Black Bear plate, what do I have to do to transfer it to the used car I have just purchased?
A: When you are ready to pay your sales tax, inform the person handling the transaction that you have this plate and that you wish to use it on that vehicle. Provide a copy of the registration issued with the plate, if possible.
Occasionally, a dealership or Notary office will not be able to handle this type of transfer. They may charge you for a regular plate and after you receive it, you can request the plate transfer at SEARS or the Special Plate Unit on Foster Drive in Baton Rouge. You can request a refund for the plate from the dealership if you did not use it at all.
Q: How do I request a duplicate title?
A: If you paid cash for the vehicle, take a copy of your current registration to the Notary Public at SEARS and request a duplicate title. You will receive the duplicate in approximately 10 business days.
If you financed your vehicle, even though it may have been paid off for many years, you will need a notarized statement of Satisfaction of Lien from the bank or finance company. Sometimes, they cannot find a record of the lien. A statement that you do not owe them any money on this particular vehicle will suffice, as long as they give a complete description of the vehicle, including the VIN.
Q: Can I donate my vehicle to someone not related to me and will they have to pay any tax?
A: Yes, you may donate tax free to anyone, as long as no money changes hands.
Q: Do you still have to sign a separate odometer statement when selling a vehicle?
A: Generally not. The titles printed since 1989 are called “conforming titles, and have a built in odometer statement. The odometer reading is only required if the vehicle is ten years old or newer, if it is older, the word “exempt” is used or nothing is written in this space.
However, if errors have been made on the odometer section of the title, the Office of Motor Vehicles may require a separate odometer statement and/or a physical inspection of the vehicle.
Q: Is it necessary to turn in my license plate when I sell my vehicle?
A: Yes, in most cases, it is advisable to remove the plate and turn it in to the Office of Motor Vehicles within 10 days of canceling your insurance.
Car plates do not transfer between individuals. However, plates for pick-up trucks, motorcycles, utility trailers and boat trailers may be transferred to the new owner at the option of the seller. The seller may be “flagged” on the computer at the Office of Motor Vehicles if the new owner does not promptly pay his Tax, Title & License fees. Until the flag is cleared, the seller may not apply for a license plate for any vehicle he owns or obtain a Driver’s License.
An Affidavit of Non Use may be filed with the Office of Motor Vehicles before your insurance lapses or is cancelled if you are not going to use your vehicle for a specific time period. The Affidavit requires a full description of the vehicle (Year, Make & VIN) and the beginning and ending dates for the time period the vehicle is parked. You may retain the plate by filing this Affidavit.
