Buying & Selling Vehicles

When a vehicle’s ownership is transferred from one person to another, the seller's title must be completed and properly assigned before licensing can take place. In addition, other documentation may be required:

Title

• 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 Bill of Sale and/or an Odometer Disclosure Statement (TR-59) will be required.

Lien Release

• If a lien is shown on the title for the seller, a properly signed/notarized release of lien is required.

Joint Ownership

• If the vehicle has been titled by the seller 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 or a power of attorney must be present for the owner(s) listed. The owners must sign the back of the title as the sellers.

Decedent's Affidavit/Claim of Heir

• If the vehicle is being sold because the owner is deceased, you will need a completed Decedents Affidavit (TR-83a),  Claim of Heir Affidavit (TR-83b), or a Probated Will. If there is more than one heir, each heir will need to sign an Affidavit to a Fact (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 title the vehicle in their prior to selling the vehicle to a third party. A death certificate or copy of the obituary article must be presented as well. See below the order of inheritance.
  • The Decedent’s Affidavit (TR-83a) is used when there is a will which has not yet been probated. The Claim of Heir Affidavit (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.
  • 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.

Divorce

• 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 Lienholder’s Consent to Transfer Ownership (TR-128) may also be required.

Marriage

•  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 Lienholder’s Consent to Transfer Ownership (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 Affidavit of Relationship (TR-215) must be used. See below for list of lineal family members.

Additional documents may be required by State law, if other selling circumstances exist.

Order of Inheritance - Immediate Heirs

• 1st Heir - Surviving Spouse, if none survives,
  • Then, all children, if no children,
    • Then, Parent (s) of the last surviving owner, if no parents then,
      • Then all Siblings, if no siblings,
        • Then, all Aunts and Uncles

Lineal Family Members

Lineal ascendants or descendants are: 

• An adopted child
• Daughter
• Father
• Grandchild
• Grandfather
• Grandmother
• Mother
• Son
• Stepchild
• The spouses of any of these  

Who Do Not Qualify as Lineal Family Members

The following do not qualify for this exemption:

• Aunt
• Brother
• Niece
• Sister
• Uncle

Buying a Vehicle with an Electronic Title

After the buyer has satisfied the asking price, both parties will fill out the Electronic Sales Agreement (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 Power of Attorney Purchase and Odometer Disclosure for Electronic Title (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.