Page 56 – California DMV

Chapter 12: Nonresident Vehicles

11.190 Warehouse Receipts Act

Warehouses, storage houses, railroad terminals, and other similar establishments may sell unclaimed vehicles stored with them under the provisions of the California Civil Code commencing with §3067, et seq.

11.185 U.S. Customs Sales (VC §5909)

The U.S. Customs Office may seize and sell vehicles for federal violations.

The following must be submitted:

An ownership document, which may be:
- The California Certificate of Title.
- An Application for Title or Registration (REG 343) (PDF) form and a nonresident title.
- A GSA Standard 97 form. A bill of sale or receipt from the U.S. Customs Office, signed by the Cashier of Customs, that names the buyer and describes the vehicle may be accepted in lieu of signatures on the title.
A Verification of Vehicle (REG 31) (PDF) form, unless there is a vehicle record on the database or the California Certificate of Title is submitted.
The odometer mileage disclosure on a complying title or on the Vehicle/Vessel Transfer and Reassignment Form (REG 262), as appropriate.
A smog certification, if appropriate.
The fees due.

11.180 Trust Transfers (VC §5600)

Establishment of a trust commits the property or assets of an individual(s) to a trustee for use or safekeeping.

Definitions:

Beneficiary—The one for whose benefit a trust is created.

Co-trustees—Two or more persons who are entrusted with property for the benefit of one or more persons.

Settlor—The term “settlor” is frequently used instead of “trustor.”

Successor Trustee—A trustee who follows or succeeds an earlier trustee and who generally has all the powers of the earlier trustee.

Trust—An arrangement where property is transferred with an intention that it be held and administered by a trustee for the benefit of some third party or parties. The trust is the registered owner.

Trustee—The person appointed or required by law to execute a trust. Generally, the same person may be both a beneficiary and a trustee; however, the sole beneficiary of a trust cannot be the sole trustee for the trust.

Trustor(s)—The one who creates, or whose confidence creates, a trust.

Transfer to a Trust—Transfers from an individual(s) to the trust (of/for the same individual(s) are handled as regular transfers.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the applicant must submit:

The California Certificate of Title with the names of the trust and trustee(s) shown in the new registered owner section on the back of the title. Examples:

Jones Family Trust
John Jones, Trustee
Address of Trustee

John Jones Family Trust
John M./Mary S. Jones, Trustees
Address of Trustees

The signature of the trust containing the trust name and countersignature by the trustee. The endorsement John Jones Family Trust by J. Jones is acceptable for either. Only one trustee signature is required to put the vehicle into the name of the trust even if the trustee names are joined by “and” (designated by “/”).

Example: John Jones Family Trust by Mary S. Jones, Trustee.

A Statement of Facts (REG 256) (PDF) form for smog/tax exemption.

Transfer From a Trust—In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the applicant must submit:

Documents with the releasing signature for the trust containing the trust name and countersignature of the trustee.

Example: John Jones Family Trust by Mary S. Jones, Trustee

If	Then
IfMore than one trustee name is shown without “or” or “and” (represented by a “/”) between the trustees’ names	ThenEach trustee must release on the title.If only one trustee release is provided, a Statement of Facts (REG 256) form is required explaining the reason.
IfThe trustee signing is not the trustee named on the title	ThenA REG 256 is required from that trustee stating their appointment as a successor trustee by the trustor or the retiring trustee.
IfA trustee releases interest on the title for a vehicle which is not registered to a trust	ThenOwnership of the vehicle is determined by the deceased owner’s will as contained in the trust document. Copies of the trust agreement and a Vehicle/Vessel Transfer and Reassignment Form (REG 262) to complete the chain of ownership may be required.
IfNo trustee name is shown on the title	ThenA REG 256 is required from the trustee attesting to their appointment as trustee or successor trustee by the trustor.

If the transaction involves family members that would otherwise be exempt from smog, a REG 256.
Use Tax or, in lieu of used tax, a Certificate of Vehicle, Mobilehome, or Commercial Coach Use Tax Clearance (CDTFA 111) form issued by the California Department of Tax and Fee Administration and a REG 256.

Transfers of vehicle ownership from the registered owner to their revocable trust or specific family members cannot be completed when unpaid parking and/or toll violations are on the vehicle record. Transfers out of a revocable trust are not impacted.

All violations shown on the record must be cleared by the issuing parking/toll agency or paid to DMV and all other required fees and documents submitted to complete the transfer of ownership

Note: Family members affected are the registered owner’s natural or legally-adopted parent, grandparent, child, grandchild, spouse, domestic partner, and sibling.

Business Partner Automation Program Participant Procedures

When the application contains a REG 256 declaring a family transfer exemption from use tax and/or a smog inspection, or the transfer is to the revocable trust of the current registered owner, and unpaid parking and/or toll violations are on the vehicle record, submit the application to DMV for processing.

11.175 Transfer to “Estate of”

A vehicle may be transferred from the decedent to the estate of the decedent without any signatures on the California Certificate of Title.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:

California Certificate of Title with:
- The new owner section on the back of the title completed showing “Estate of (name of decedent)” and the decedent’s address.
- The name and address of the legal owner(lienholder) shown on the front of the title, if any, reentered on the back of the title.
A Statement of Facts (REG 256 (PDF)) form which declares:
- Letters Testamentary have not been issued.
- The relationship of the deceased to the person completing the REG 256.
A transfer fee. Use tax and a smog certification are not required.

11.170 Transfer Only (VC §4452)

A “transfer only” is the transfer of a vehicle not currently registered without payment of registration fees. The vehicle record must reflect planned nonoperation (PNO) status and the vehicle cannot have been moved in a manner that would cause fees to become due.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:

A Statement of Facts (REG 256) (PDF) form requesting transfer only.
A Certificate of Non-Operation/Planned Non-Operation Certification (REG 102) (PDF) form. A planned nonoperation (PNO) may be filed up to 60 days prior to the registration expiration date. A certificate of nonoperation is acceptable for vehicles excluded from the PNO program.

11.170 Transfer on Death (TOD) Beneficiary (VC §§4150.7, 5910.5, 9852.7, and 9916.5)

The registered owner of a vehicle/vessel may designate a transfer on death (TOD) beneficiary to whom ownership of the vehicle/vessel may be transferred upon death of the owner. The TOD beneficiary is not a registered owner and the signature or consent of the beneficiary is not required for any transaction involving the vehicle/vessel during the lifetime of the registered owner.

Adding a TOD Beneficiary—To add a TOD beneficiary, the following must be submitted:

The California Certificate of Title.
- New Registered Owner section completed.

First Line—The registered owner’s name is entered as usual. Only one registered owner name is permitted.

Second Line—The abbreviation “TOD” is entered followed by the beneficiary’s name. Only one beneficiary name is permitted. The TOD beneficiary may be an individual, corporation, trust, partnership, association, or other entity.

Third Line—The registered owner’s address is entered.

Signature Line—The registered owner’s signature is required.

Line 1—The registered owner does not have to sign line 1 to add a beneficiary.

The beneficiary’s signature is not required to add, change, or delete a beneficiary.

A transfer fee to add, delete, or change a beneficiary in addition to any other fees. Refer to Appendix 1F for fees.

Changing or Revoking a TOD Beneficiary—During the lifetime of the registered owner, the owner may revoke a title held in beneficiary form or change the beneficiary’s name by selling or transferring the vehicle/vessel or by submitting an application for a new title completed without a TOD beneficiary designation.

Transfer of Ownership to Beneficiary—Upon the death of the registered owner, ownership may be transferred to the TOD beneficiary.

The following must be submitted:

The California Certificate of Title. The beneficiary must sign the name of the registered owner and countersign on line 1.
A Statement of Facts (REG 256) (PDF) form completed by the beneficiary stating the date and place of the owner’s death and that they are entitled to the vehicle as the designated beneficiary.

Note: Ownership may be transferred to another person. The beneficiary must give the buyer the above documents and a bill of sale; two transfer fees are due.

11.160 Title Only (VC §§4452 and 6052)

A title only vehicle is a vehicle not previously registered in California, for which a California title only, without registration, was issued.

In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:

A Statement of Facts (REG 256) (PDF) form requesting title only.
A Certificate of Non-Operation/Planned Non-Operation Certification (REG 102) (PDF) form. A planned nonoperation (PNO) may be filed up to 60 days prior to the registration expiration date. A certificate of nonoperation is acceptable for vehicles excluded from the PNO program.

11.155 Stolen or Embezzled Vehicles (VC §4605 and CRTC §10858)

Registration fees and penalties on stolen or embezzled vehicles may be waived in specific instances.

Fees and/or penalties do not accrue as a result of the operation of a stolen or embezzled vehicle if the owner or legal owner (lienholder) completes the appropriate documents. Fees become due upon first operation of the vehicle after the date of recovery.

Exception: Fees and penalties are due if the owner operated the vehicle after the registration expiration date and prior to the date of theft or embezzlement.

Transfer Only on Unrecovered Stolen or Embezzled Used Vehicles—In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the applicant must submit:

A Statement of Facts (REG 256) (PDF) form completed by the owner requesting transfer only. The owner can be an individual, dealer, financial institution, or insurance company.
A Miscellaneous Statements (REG 256A) (PDF) with the Stolen or Embezzled Vehicle Certification completed by the owner.
A transfer fee and any other fees due.

Note: A Certificate of Non-Operation/Planned Non-Operation Certification (REG 102) (PDF) form is not required for an unrecovered stolen vehicle. A Salvage Certificate is not issued for an unrecovered stolen vehicle.

11.150 Rollbacks (VC§5901)

A rollback is when a buyer returns a vehicle to the dealer after operating it on the customer copy of the dealer’s report of sale. The report of sale cannot be voided when this occurs; all fees are due from the date of sale and must be submitted promptly to DMV. A sale canceled prior to operation of the vehicle by the buyer is not a rollback and the report of sale must be voided.

If a dealer sells a vehicle to a purchaser whose financing is rejected (requiring a new contract) and the replacement contract has a cosigner, another party added, or a new purchaser, the application must be handled as a rollback.

Note A dealer who returned all vehicle license fees (VLF) collected to the first purchaser may collect prorated VLF from the second purchaser based on the original purchase price and date of sale (VC §11713(g)). However, VLF cannot be charged when the second buyer is a qualified nonresident military person who is exempt from VLF.

New Vehicle Rollback —When a new vehicle rollback is subsequently sold to a second buyer or registered to the dealer, the following must be submitted:

An Application for Title or Registration (REG 343) (PDF)form in the second buyer’s name.
An Application for Registration of New Vehicle (REG 397) form in the first buyer’s name.
A Report of Sale–Used Vehicle (REG 51) form in the second buyer’s name.
A Vehicle/Vessel Transfer and Reassignment Form (REG 262) from the first buyer to the dealer.
A Lien Satisfied/Titleholder Release (REG 166) (PDF) form from the legal owner (lienholder) for the first sale, if applicable. A REG 166 is not required when:
- Financing was not approved for the first sale or the dealer entered the information in error. Accept a Statement of Facts (REG 256) (PDF) form or a Statement of Error/Erasure (REG 101) form from the dealer regarding the lienholder information.
- The lienholder remains the same for the second buyer. The lienholder must be shown on the REG 343 (PDF) for the new owner.
REG 256 containing the following information:
- Name of the person who returned the vehicle to the dealer and the date returned.
- Reason the vehicle was returned (for example, credit unavailable).
- If the vehicle was voluntarily returned by the prospective purchaser.
- If the vehicle was sold under conditional contract, chattel mortgage, etc.
- If the trade-in, if any, was returned to the prospective purchaser.
- If the down payment was returned and whether it was a cash down payment or cash in addition to the trade-in.

Registration fees based on the original (first buyer’s) purchase price and date of sale and a transfer fee for the transfer to the second buyer. A smog certification is not required provided the original REG 397 is submitted.

Note If registration fees are paid within 20 days from date of sale to the first buyer, the dealer will not be charged an ASF for an over 20-day violation, regardless of the length of time the report of deposit of fees (RDF) is held pending sale to a second buyer. The dealer has 30 days to submit the transfer application without penalty.

Used Vehicle Rollback— In addition to the Basic Transfer Requirements listed in this chapter and in chapter 10 for nonresidents, the following must be submitted:

A Statement to Record Ownership (REG 101) form in the name of the second buyer that includes the name of the legal owner (lienholder), if appropriate
A Lien Satisfied/Titleholder Release (REG 166) (PDF) form from the lienholder for the first sale, if applicable. A REG 166 is not required when:
- Financing was not approved for the first sale or the dealer entered the information in error. Accept a Statement of Facts (REG 256) (PDF) form or a Statement of Error/Erasure (REG 101) form from the dealer regarding the lienholder information.
- The lienholder remains the same for the second buyer. The lienholder must be shown on the REG 101 for the second buyer.
A REG 256 containing the following information:
- Name of the person who returned the vehicle to the dealer and the date returned.
- Reason the vehicle was returned (for example, credit unavailable).
- If the vehicle was voluntarily returned by the prospective purchaser.
- If the vehicle was sold under conditional contract, chattel mortgage, etc.
- If the trade-in, if any, was returned to the prospective purchaser.
- If the down payment was returned and whether it was a cash down payment or cash in addition to the trade-in
A Vehicle/Vessel Transfer and Reassignment Form (REG 262) from the first buyer to the dealer.
Two Report of Sale–Used Vehicle (REG 51) forms: one for the first buyer and another for the second buyer.
A smog certification, if appropriate.
Two transfer fees and any other fees due.

Note The dealer may register a rollback in the first buyer’s name, using the dealer’s address. The REG 256 indicated above must still be submitted.

Nonresident Vehicle Rollbacks— In addition to the nonresident requirements in Chapter 12, the following must be submitted:

The nonresident service fee.

When processing:

The transfer fees are not collected.

Sales to Nonresident Military (NRM) Personnel, in addition to basic transfer or nonresident requirements, the following must be submitted:

A Notification of Alternative Forms of Financial Responsibility (REG 5085) (PDF) form.

Note Rollback procedures do not apply once certificates have been issued on a dealer sale to the first buyer (even if the vehicle is subsequently returned to the dealer). The application must be processed as a transfer of ownership. If the first buyer paid VLF and the second buyer is an NRM, the VLF paid earlier is due.

Was this page helpful?