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, meaning there is no space for the purchase price or the odometer reading, then you will need a Bill of Sale (TR-312) or an Odometer Disclosure Statement (TR-59).

Joint Ownership

If there are multiple names listed as buyer and/or seller on the title and their names are conjoined by "AND" or there is no conjunction, all persons listed as a buyer and/or seller must sign the title or they must have a Power of Attorney (TR-41). If the names are conjoined by "OR" then only one signature is required. If you are signing for the seller and are also the buyer, the vehicle must be older than 10 years old to use a Power of Attorney. Otherwise, a third party must be appointed on the Power of Attorney and they will sign as seller.

Lien Release

If a lien is shown on the title for the seller, a properly signed and/or notarized release of lien is required, what is required is based on the titling states requirements. If there is a lien listed and no proof of a release of lien, then the owner listed on the title must contact their lienholder and request for a signed and/or notarized release of lien. If they need a form they may use the Kansas Release of Lien (TR-150). If they do not know whether the titling state requires a notarized signature to release a lien, then they must contact a motor vehicle office in that state.

Owner is Deceased

If the vehicle is being sold because the owner is deceased, you will need the following documents:

• Proof of Death
  • Death Certificate or Obituary Article
  • Last existing title, or
  • Current or previous Kansas registration receipt, or
  • Verification of title
  • Decedents Affidavit (TR-83a) - used when there is a will which has not yet been probated, or
  • Small Estates Affidavit (TR-83b) - used when there is no will or the will is not going to be probated AND the estate’s total value is $75,000 or less, or
  • Probated Will

  If there is no will or it is not probated then the vehicle will go to the next heir(s). If there are multiple (ex. siblings, children, etc.), each heir will need to sign an Affidavit to a Fac t (TR-12), signing they are "disclaiming vehicle ownership" if they do not wish to register the vehicle in their name. The title will then be put in the remaining heir's name(s). If the heir plans to sell the vehicle, they must title the vehicle in their name(s) first.

  If there is a probated will, then the executor/administrator may sign the vehicle to whoever they choose. A death certificate or copy of the obituary article must be presented as well.

  When 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 the existing title has an assignment completed to the deceased (buyer), the heirs must title the vehicle in their name(s). If the vehicle has gone through probate, the executor or administrator of the estate would have to title the vehicle in the estate name before transferring ownership.

  If a couple are divorced and they are both listed on the Kansas title as owners and one of them has been awarded the vehicle in a divorce decree and does not title the vehicle in their name and then passes away, the heirs of the deceased person will need to complete a decedents affidavit or claim of heir affidavit or provide a probated will or court order and make application for a title in heir's name(s). The previous spouse has no rights to the vehicle.

  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

  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.

  Sales Tax Exempt

  If the vehicle is being given as a gift, an Affidavit to a Fact (TR-12) must be signed by both seller and buyer, also you must provide a Bill of Sale (TR-312).

  If the ownership is being transferred between immediate or lineal family members an Affidavit of Relationship (TR-215) must be used, also you must provide a Bill of Sale (TR-312). See below for list of lineal family members.

  If the property is used for only farm use, an Agricultural Exemption (ST-28F) must be filled out. The property must qualify per the forms qualifications.

  Additional documents may be required by State law, if other selling circumstances exist. If sales tax is not required, you may still be liable for the registration fee and property taxes due on the vehicle.

  Lineal Family Members

  Lineal ascendants or descendants are:

  • An adopted child
  • Daughter
  • Father
  • Grandchild
  • Grandfather
  • Grandmother
  • Mother
  • Son
  • Stepchild

  *Also includes the spouses of any of these.

  Who Do Not Qualify as Lineal Family Members

  The following do not qualify for this exemption:

  Permit

  • Vehicle has a Kansas title, but is being held electronically:
    • After the buyer has satisfied the asking price, both parties will fill out the Electronic Sales Agreement (TR-39a).
    • You will need the following documents:
      • Electronic Sales Agreement (TR-39a)
      • Insurance
      • Driver's License
      • You will need to the following documents:.
        • Title
        • Insurance
        • Driver's License
        • You will need to the following documents:
          • Bill of Sale/Sales Contract
          • Insurance
          • Drivers License
          • You will need the following documents:
            • Title
            • Insurance
            • Driver's License

            If you are past 60 days from the date of purchase you may not purchase a 60 day permit and must go into your County Treasurer's Office to apply for a title and registration. See how to License your vehicle vehicle in Geary County.

            You may transfer a valid license plate from a previously owned vehicle to a new vehicle for the remainder of your registration period.

            You may transfer the vehicle as long as the following apply:

            • Get a 60-day permit from a Kansas Motor Vehicle Department to drive the new vehicle while you are waiting to dispose of the old one.
              • Keep all documents showing your purchase with you in the vehicle.

              To transfer plates, bring the following documents to the Geary County Treasurer's office:

              • The current registration from the vehicle the plate came from. If you no longer have the current registration, a duplicate can be obtained at the Motor Vehicle Department for $1.00.
              • Bring required fees and documents.

              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. REFUNDS WILL NOT BE DONE ON $5.00 OR LESS.