The seller's name isn't on the car title: what to do

Written and checked by Drago. Last reviewed

Ask why before you pay. Unless there's a legitimate reason with paperwork, like an estate or a power of attorney, the seller may have no right to sell the car, and you may not be able to title it in your name.

How we review this guidance. Rules and fees can vary by state, lender, dealer, and vehicle.

The short answer

  • Match the seller's photo ID to the name on the title. If they don't match, ask why and see the paperwork before you pay.
  • A seller who never titled the car in their name is “title jumping,” a common unlicensed-dealer trick. Nebraska's DMV calls it a felony, and in a private sale Florida won't transfer a title unless the seller is the owner named on it.
  • The safest fix: the seller titles the car in their own name first, or, if they're selling it for someone else, the owner on the title signs it over to you in person. Rules vary by state.
  • Already bought one? Contact your state's motor vehicle agency. Texas, Wisconsin, and Georgia offer bonded titles.

Check this car's title history

Enter the VIN to confirm what car it is and see recalls for its model year. Then get a title-history report with data from NMVTIS, the federal title database. It shows the state and date of the car's latest title, so you can check that the paper title you're shown is the current one. One is free if you give your name, email, and ZIP code, but it doesn't search for liens. The paid one ($9.95) adds a lien search as a first look, and we may earn a commission if you buy it.

Where to find it: Look at the bottom of the windshield on the driver's side, on the driver's door frame label, or in the listing, title, or registration.

No VIN yet? Ask the seller to send it, or zoom in on the listing photos. Private seller? Copy a message that asks for it.

The free lookups go straight from your browser to NHTSA; we don't store your VIN. Privacy. Want a title report right away? VehicleHistoryReport.com is free if you give your name, email, and ZIP code. Or open VINsmart ($9.95 per report).

Paid link: We may earn a commission if you buy a report through this link, at no extra cost to you. How this site makes money

Why isn't the seller's name on the title?

Ask the seller. Here's what each answer usually means.

  • Seller bought it but never put it in their name?

    Walk away
    That's title jumping. Nebraska's DMV calls it a felony, and Florida won't transfer a title in a private sale unless the seller is named on it. Ask them to title it in their own name first.
    What title jumping is
  • Selling it for a friend or relative?

    Red flag
    Wisconsin's DMV lists this as a sign of an unlicensed dealer, and Utah's says to be suspicious of it. Have the owner sign in front of you, or walk away.
    What to do
  • Title is “lost”?

    Get a copy first
    No title at all is a warning sign, Wisconsin's DMV says. The owner can get a replacement; in New York, only that copy can be used to sell.
  • The owner died?

    OK with estate papers
    With probate, the executor signs, with the court's papers. Without it, some states let the heirs sign with a state affidavit, and others make an heir title the car first.
    The papers to ask for
  • Seller has power of attorney?

    Check the form
    Ask to see it, signed by the owner. It ends if the owner dies, and in California it can't be used for the mileage statement, so the owner signs that part.
    What to check
  • Seller says they're a dealer?

    Check the license
    Licensed dealers can resell a car without titling it in their name, and in Texas a dealer must file the title application for you. Look up the license online, as you can in California and New York.
  • A business owns it?

    OK with proof they can sign
    California's DMV doesn't ask for proof that the signer has authority, so get a signed letter from the business and call it at a number you look up yourself. A leased car belongs to the leasing company, which has to sign.
  • Spouse or co-⁠owner selling?

    Check AND vs OR
    In California and Florida, “and” between the owners' names means they all sign, and “or” usually means one can. Other states differ.
    Who has to sign

What to do when the names don't match

  1. Match the seller's ID to the title

    Ask for a photo ID. The name should match the owner on the front of the title, and Texas's DMV says the address should too.
  2. If they don't match, ask why

    A real reason comes with paperwork (see the cards above). A name change can be harmless: New York lets an owner sell on a title in their former name. Ask for proof of the change.
  3. Get the owner on the title to sign

    Best: the seller titles it in their name first, or, if they're selling it for the owner, the owner on the title signs it over in person, ideally at the DMV or tag office. In Texas, the tax office can check the title first.
  4. Read the title closely

    Check the buyer's section, extra names, erasures, and the lienholder section. Here's what to look for.
  5. Check for a lien

    If a lender is listed, get proof the loan is paid off, then confirm it with the state. See how to check in every state.
  6. Check the VIN and the latest title

    Match the VIN on the dashboard and door label to the title. The title report in the VIN check above shows the state and date of the latest title: if that's newer than the paper you're shown, the paper may be out of date, so stop and ask why. Utah's DMV also says to be wary of a title issued in the last few months.
  7. Get a bill of sale, and pay the owner

    List both names, the VIN, the price, and the date, and both of you sign it (fill in a free one). Pay with a cashier's check made out to the owner on the title. If the owner died, make it out to the estate, or to the heir or co-owner who signs the title.

What to look for on the title

  • A blank buyer's section. If an earlier owner has signed and the buyer's part is empty, it's an open title.
  • Names in the reassignment area. Those lines are for licensed dealers. Florida, for one, says individuals can't reassign a title.
  • Erasures, white-out, or crossed-out names. New York won't accept a title with anything altered, erased, or crossed out, including a name or signature.
  • Signatures. Check that every owner who has to sign has signed. Who has to sign.
  • A lender in the lienholder section. Get proof the lien was released before you pay.

Don't accept an open title

If an earlier owner already signed and the buyer's part is blank, walk away, even if you're told to fill in your own name. In Georgia, accepting a title signed in blank is a misdemeanor.

What can go wrong

  • It's a common curbstoner sign. Utah's DMV says buying from a curbstoner, an unlicensed dealer posing as a private seller, raises your risk of a title you can't transfer, a wrecked car, or a rolled-back odometer. More on curbstoners.
  • The car could be stolen. New York's DMV has warned of stolen cars sold online with forged titles, and Texas's DMV says you could lose the car and your money.
  • A loan can follow the car. If a lender is listed on the title and there's no proof the loan is paid off, the lender could repossess the car from you, New York's DMV warns.

Title jumping and open titles

Title jumping, or title skipping, is when someone buys a car, never titles it in their name, and sells it again. They pass along the last owner's signed title with the buyer's part blank, an open title, so their own name never shows up.

So can you buy a car on a title the previous owner already signed? Only if that owner is the one selling it to you, and your name goes on the title at the sale. Some states, like Ohio, also require the seller's signature to be notarized.

Unlicensed dealers do this often, Wisconsin's DMV says, and some states forbid it:

  • Nebraska: a private seller must title a car in their own name before selling it. The state's DMV says skipping that is a felony, and open titles are confiscated.
  • Florida: in a private sale, the seller must be the owner named on the title. It's also illegal to transfer a title without the buyer's name on it, and a misdemeanor if done knowingly to defraud.
  • Georgia: giving or accepting a title signed in blank is a misdemeanor.

Other states' rules differ, and licensed dealers follow their own.

When someone else can sign the title

Each of these can be legitimate with the right papers. Rules vary by state, and this isn't legal advice.

The owner died

With probate, the executor or administrator signs for the estate. Texas and Missouri ask for the court's papers: letters testamentary or letters of administration.

Without probate, some states take an affidavit signed by the heirs, like Texas's form VTR-262, with every signature notarized, or, for smaller estates, California's REG 5, with a death certificate, at least 40 days after the death. Some states make the heir title the car in their own name first, as Missouri does for a surviving spouse and Nebraska does for a small estate.

A spouse or co-⁠owner is selling

Look at the word between the owners' names on the front of the title.

  • “And”: every owner signs, in California, Florida, and South Carolina.
  • “Or”: one owner can sign alone in those states (in California, unless “JTRS” follows the names). Nebraska is stricter: everyone named on the title signs, whatever the word.
  • No word, or a slash: it depends on the state. California treats a slash as “and,” while Connecticut lets either owner sign when there's no word.

If only one spouse is named, that spouse signs. In Nebraska, a spouse can't sign for the other without a power of attorney.

The seller has power of attorney

Ask to see it. In California, a power of attorney must name the person signing, list the car's VIN (unless it's a general power of attorney), be signed by the owner, and go in with the title paperwork. It ends when the owner dies: Texas, for one, rejects a title an agent signed after the death.

It may not cover the mileage statement: California won't accept one for it, so the owner signs that part. Don't sign the mileage statement for the seller yourself. Federal rules allow that only where the state permits it, when a lender holds the title or it's lost, and on the state's secure form, which Texas gives only to dealers, salvage dealers, and insurers. Under federal rules, cars from model year 2010 and older need no mileage statement.

Not sure the papers are right? Ask first

Your state's motor vehicle agency can tell you what it accepts, and New York's DMV says to ask before you buy. Find your state's agency.

Already bought a car on someone else's title?

  1. Fix the chain of owners if you can

    Contact the seller and the owner on the title. Wisconsin's DMV suggests getting signatures or bills of sale from every in-⁠between owner.
  2. Call your state's titling agency

    Ask what it will accept, and bring the title, your bill of sale, the ad, and your messages. Find your state's agency.
  3. Ask about a bonded title

    If that fails, some states will title the car if you buy a surety bond, which protects the true owner or a lender if one turns up. Texas, Wisconsin, and Georgia offer this; in Texas, the bond is 1½ times the car's value.

Think the car may be stolen? Contact your local police.

Send this to someone buying a car

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Sources

These sources explain general rules. Check current requirements in your state and the terms in your own paperwork.