Do You Need A Vehicle Bill Of Sale In California? (2026)

What Is a California Vehicle Bill of Sale?

A vehicle bill of sale in California is a document that functions as a record of the sale. A vehicle bill of sale is not the same as a title transfer, which you will need to file, too.

When Do You Need a Vehicle Bill of Sale in California?

In California, you don’t always need a bill of sale. If the seller is named on the vehicle’s title, they can sign the title over to the buyer.

However, if the person selling the car isn’t named on the title, you will need a bill of sale signed by:

• The seller
• The person whose name appears on the title of the vehicle

A vehicle bill of sale documents the sale of your vehicle. On its own, it doesn’t release you from liability if the vehicle is in a car accident. To cut off your liability, you’ll need to fill out the Notice of Transfer and Release of Liability (Form REG 138) and submit it to the California DMV within five days of the sale.

Once you’ve gathered these documents, you can submit them online.

What to Include in a California Vehicle Bill of Sale

In a California vehicle bill of sale, you’ll need to include the license plate number, VIN and description of the vehicle. You also need the contact information of the buyer and seller, as well as the date of the purchase.

If the vehicle is less than 10 years old, an odometer mileage record must be included. If there’s no space on the title, the buyer and seller must complete Form REG 262. This form is not available electronically; it must be picked up at the DMV.

Do You Need a Smog Certificate to Sell a Car in California?

Many California counties have strict smog certification requirements. A smog certification shows that a vehicle meets state emissions regulations. Sellers usually need to provide a current smog certification when offering a vehicle for sale, although there are some exceptions:

• Cars less than four model years old (in these cases, the buyer just pays a smog transfer fee)
• Gasoline-powered vehicles from 1975 and earlier
• Diesel-powered vehicles from 1997 and earlier
• Diesel vehicles over 14,000 pounds gross vehicle weight (GVW)
• Electric vehicles

Smog certification requirements only apply to counties named by the DMV.

Does a California Vehicle Bill of Sale Need to Be Notarized?

Generally, you don’t need to notarize a vehicle bill of sale in California. It may be recommended, however, if the buyer or seller is someone from out of state.

Can You Sell a Vehicle With an Existing Lien in California?

Before you can sell the vehicle, you must pay off the lien. You can sell the car to a dealership, paying off the loan, or you can coordinate with the lender to have the buyer pay them directly.

What Happens if the Vehicle Condition Doesn't Match the Bill of Sale?

If the vehicle condition doesn’t match the bill of sale, it’s possible for the buyer to begin legal action against the seller. If the bill of sale includes “as-is” or “with all faults,” that may be enough to exclude any implied warranties.

However, to exclude the warranty of merchantability (a guarantee that the car is basically fit for its intended purpose), a bill of sale must explicitly use the word “merchantability.” Warranties don’t protect sellers who actively misrepresent vehicles.

What the Buyer Must Do After the Sale

In California, a buyer has 10 days from the date of the sale to transfer ownership. They must submit the seller-signed title, the bill of sale (if needed), and pay transfer fees and use tax. California’s DMV fee calculator can quickly determine what fees are owed.

If a buyer doesn’t pay the transfer fee within 30 days of the sale, they may have to pay a penalty.

Need Legal Guidance in California?

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