Buying & Selling Vehicles
When a vehicle's ownership is transferred from one person to another, the back of the old title form must be completed and properly assigned before licensing can take place. In addition, other documentation may be required:
- New Kansas titles conform to federal odometer requirements and contain space to list the odometer reading and purchase price. If the title is non-conforming, a and/or an (TR-59) will be required.
- If a lien is shown on the front of the title, a properly signed/notarized release of lien is required.
- If the vehicle has been registered jointly and on the front of the title the registered owners have "AND" or nothing at all in between their names, all persons listed as owner must sign the title. If it is not possible to have all the owners present to sign, you must provide a Power of Attorney from the other owner(s) listed. The owners must sign the back of the title as the seller(s).
- If the vehicle is being sold because the owner died, you will need a completed (TR-83a), (TR-83b), or a Probated Will. If there is more than one heir, each heir will need to sign an (TR-12), signing they are "disclaiming vehicle ownership" if they do not wish to register the vehicle in their name. The heir selling the vehicle will have to have the vehicle titled in his/her name prior to selling the vehicle to a third party. A death certificate or copy of the obituary article must be presented as well.
- Please note, the there is a will which has not yet been probated. The (TR-83b) is used when there is no will or the will is not going to be probated AND the estate's total value is $40,000 or less. (TR-83a) is used when
- Once a will has been probated, neither the decedent's affidavit nor the claim of heir affidavit can be used; the will is the legal document which must be followed for distribution of vehicle belonging to the deceased.
- If vehicle ownership is being transferred due to a divorce, you will need divorce papers showing that you were granted custody of the vehicle before you can change the given title. A (TR-128) may also be required.
- If the vehicle ownership is being transferred due to marriage, you will need your marriage license and a driver's license with your new name. A (TR-128) may also be required.
- If the vehicle is being given as a gift, an Affidavit to a Fact must be signed by the previous owner, or sales tax will be collected at the time of registration. The affidavit should state that the vehicle was given as a gift and not sold.
- If the ownership is being transferred between immediate, lineal, family members, sales tax is not required and you are liable only for the registration fee and property taxes due on the vehicle. An (TR-215) must be used. See below for list of lineal family members.
You are mailed a new title by the state after you register the vehicle in your name if there is no lien on the vehicle.
If a lien is reflected on the title application, the state will hold the title as an e-title until the lien has been satisfied.
Additional documents may be required by State law, if other selling circumstances exist.
Lineal Family Members
Lineal ascendants or descendants are:
- An adopted child
- The spouses of any of these
Who Do Not Qualify as Lineal Family Members
The following do not qualify for this exemption:
Buying a Vehicle with an Electronic Title
After the buyer has satisfied the asking price, both parties will fill out the (TR-39a). This form will allow the buyer to purchase a 60 day tag for $8.00. The seller's registered plate must be taken off an replaced with this 60 day tag.
The seller must attach a copy of the vehicle's current registration showing their name as owner and the lien holder's name to the electronic sales agreement.
If the vehicle is 10 years old or more, the buyer can also have the (TR-40) filled out at the same time. This allows the paper title to be mailed directly to the buyer who can use the power of attorney to assign the title themselves.
If possible, the buyer should bring the notarized lien release with them when they apply for the 60 day permit, so it may be processed by the office. This ensures the buyer the paper title will be sent to them within the 60 day period.
The seller agrees by his signature on the electronic sales agreement to deliver the properly assigned Kansas Certificate of Title (Paper Title) within the 60 day period.
If you are an established resident, you may transfer a valid license plate from an old to a new vehicle for the remainder of your licensing period. To be eligible to make the transfer, you must sell or trade your old vehicle within 30 days of buying the new one. You also must get a 60-day permit from a Kansas motor vehicle dealer or the Motor Vehicle Department to drive the new vehicle while you are waiting to dispose of the old one.
Filling out Paperwork
When making out the paperwork to license your new vehicle, be sure your name is exactly the same as on your old title, see 'Transferring Ownership' regarding joint owners. If a spouse, son or daughter is being added, they must be present to sign the application or you must have a power of attorney from them. In addition to that paperwork, you need to bring to the Motor Vehicle Department the current registration from your old vehicle. You must know the name of buyer and sale date of previous vehicle.
To make the transfer, the current registration is needed from the sold vehicle. The fees required for the transfer are; a $5.50 transfer fee, a $10 title fee, and any sales tax due. Depending on the year, make and model of your new vehicle, you also may have to pay an additional property tax. In addition, you may have to pay a supplementary licensing fee if the new vehicle weighs more than the old one. For more information call a Motor Vehicle Department office.
If the there is an old Kansas registered plate that has expired, it can only be transferred if it is a personalized tag.
Sellers may be eligible for a refund on the unexpired portion of their tag, if:
- The vehicle was sold and isn't being transferred to another vehicle.
- You move PERMANENTLY to another state and register your vehicle there. Your current tag and registration must be turned in at the time the notification for refund is made. Applicant must supply social security number (personal vehicle) or the federal tax ID number (business or leased vehicles), these are required by the State of Kansas before a refund is made. To maximize your refund, application(s) should be made prior to the last working day of the month the vehicle was sold.
REFUNDS ARE CALCULATED ONLY FROM THE DATE THE APPLICATION FOR REFUND WAS RECEIVED IN THE COUNTY TREASURER'S OFFICE, NOT THE DATE OF SALE OR THE DATE YOU MOVED.