Titling a Used Vehicle

Documents Needed When Titling a Used Vehicle with a Paper Title

Application for certificate of title and registration must be made through the County Treasurer’s Motor Vehicle Office in the county in which the vehicle is or will be garaged. To avoid penalty, vehicle registration must be made within 30 days from vehicle purchase date (day the title was assigned to the new owner, or in the case of transferring ownership in an antique vehicle, the day the bill of sale was completed.)

When applying for title and registration, the following documentation must be presented at the county treasurer’s motor vehicle office:

The title for the vehicle with the assignment completed to the new owner.
For sales tax purposes, one of the following will be required:

If purchased from a Kansas dealer, the sales tax receipt, form STD-8;
If purchased from an out of state dealer, a copy of the dealer invoice showing the purchase price;
If purchased from an Kansas individual or business, the Affidavit of Purchase Price*, form TR-11;
If purchased from an individual or business out of state, the TR-11* or bill of sale.
* The TR-11 or a bill of sale is not required if the assignment of title has the signature and hand printed names of both buyer and seller, and the purchase price of the vehicle.

If there is a lien holder shown on the face of the title, a release of lien will be required. Notary requirements of the state in which the lien holder is located will apply. Kansas is a notary state for lien releases and lien holder consent. A release of lien from a Kansas lien holder must be notarized. The release of lien can be completed on the title or may be on a separate document attached to the title, if permitted by the state that issued the title.
For vehicles 10 model years old or newer, a completed odometer disclosure statement on the title, or a separate odometer disclosure statement signed and hand printed by both buyer and seller. Vehicles 11 model years old or older do not need odometer disclosure statements, however a mileage reading is still required on the application.
One of the following must be presented as proof of insurance:

Certificate of insurance (policy)
Insurance card issued by an insurance company (notice of policy renewal NOT acceptable)
Certificate of self-insurance issued by the Insurance Commissioner
Binder of insurance
Motor carrier ID number issued by the state corporation commission
A fleet policy
A commercial policy

Proof of insurance must exhibit the policy's expiration date. Originals, photocopies and facsimiles of these documents are acceptable.
Property Tax must be paid at time of registration/title application for autos, light trucks, motorcycles and recreational vehicles.
If the used vehicle was previously titled in another state or is purchased on a bill of sale in another state where permitted, an inspection by the Kansas Highway Patrol (KHP) must be completed. The KHP will provide the inspection form called an MVE-1. Antique vehicles purchased out of state with either a title or bill of sale, or any antique vehicle model year 1950 or after, purchased on a bill of sale must also obtain an inspection.
The new owner must sign the title application. Names connected by "and/or" or "or" require only one owner's signature. Names connected by "and" or with no connection between names requires all parties to sign the title application. A Manual Application for Title and Registration, form TR-212a, can be completed and signed by both parties, or one owner can give signature authority to another by completing a Power of Attorney, form TR-41.

Documents Needed When Titling a Used Vehicle with eTitle (Paperless Title)

Beginning on January 1, 2003, the State of Kansas became an electronic titling (aka paperless titling) state. An electronic title means that there is a lien holder on record for the vehicle and the Kansas Division of Vehicles cannot issue any type of paper title, original, secured, or duplicate, as long as there is a lien on file with the division. Even if a lien has been paid off for several years and a paper title has been issued on or before December 31, 2002, a duplicate title cannot be issued without a release of lien. The following are the instructions when purchasing a vehicle that has a lien and the title is being held electronically by the Kansas Division of Vehicles.

When purchasing a used vehicle that has an electronic or paperless title, the following documentation and action will be required:

The lien for the vehicle must be paid off, or the lien holder must consent to the transfer of ownership.
The lien holder may fax the lien release to the county treasurer’s motor vehicle office or deliver lien release to the seller or buyer which can then be taken to the local county treasurer’s motor vehicle office and submitted when making application for lien release.
If the lien is paid off, the lien holder can release their lien by faxing a completed lien release on their letterhead or on Lien Release form TR-150, and faxing it to 785-296-2383. If the lien holder is a business partner with the Kansas Division of Vehicles and the lien for the vehicle was filed electronically, the lien holder can release their lien electronically via the Internet.
If the lien is not being paid off and the lien holder is consenting to the transfer of ownership, a Lienholder’s Consent to Transfer Ownership, form TR-128, must be obtained. NOTE: Only individuals listed on the bottom of the TR-128 can use the assignment on this form. All other transfers must be completed on the back of the title.
At the time of completing the transaction it is recommended that the seller and buyer complete the following forms:

An Electronic Title Sales Agreement, form TR-39a. This form will allow the buyer to obtain a 30 day permit from the local county treasurer’s motor vehicle office or attach the license tag from a vehicle they have disposed of and which the buyer is going to transfer on to the newly acquired vehicle when they make application for title and registration
A Power of Attorney and Odometer Disclosure for Electronic Title, form TR-40. If the seller is not available, this form will allow the buyer to complete the assignment of title on the back of the Kansas title. If the buyer is from out of state, they will need to check with their state’s DMV to check if the TR-40 will be acceptable in that state. If not, a Secure Power of Attorney will need to be obtained from a Kansas dealership that has the form available. There will be a charge for the Secure Power of Attorney and it is NOT available on any web site

NOTE: The TR-39a and the TR-40 are not a transfer of ownership documents. Before the buyer can make application for title into their name, a paper title must be assigned from the seller to the buyer.

Be certain to instruct the lien holder to add the address where the title is to be mailed directly on the lien release, if the address is different than the owner’s/seller’s current address.
For sales tax purposes, one of the following will be required:

If purchased from a Kansas dealer, the sales tax receipt, form STD-8;
If purchased from an out of state dealer, a copy of the dealer invoice showing the purchase price;
If purchased from an Kansas individual or business, the Affidavit of Purchase Price*, form TR-11;
If purchased from an individual or business out of state, the TR-11* or bill of sale;

If a Power of Attorney and Odometer Disclosure for Electronic Title, form TR-40 was used that has a space for the purchase price to be recorded and the purchase price is recorded, a TR-11 is not needed. The buyer cannot use a Power of Attorney to certify the purchase price for the seller.
* The TR-11 or a bill of sale is not required if the assignment of title has a space for both the seller and buyer to sign and hand print their names.
Completed Odometer Disclosure Statement if title is non-conforming (does not have a space for both the seller and buyer to sign and hand print their names). Kansas requires the odometer reading or mileage number, recorded on the title for all vehicles (except trailers) regardless of age. (Vehicles 10 years old or older and trucks registered at 20M or higher are exempt from mileage status, actual, exceeds mechanical limits or not actual, but must have a mileage number, no tenths of a mile.)
Once the buyer receives the title, the buyer will complete that assignment of title on the back of the title. Record the mileage that is shown on the power of attorney on to the assignment. Application for certificate of title and registration must be made through the county treasurer’s motor vehicle office in the county which the vehicle is or will be garaged. To avoid penalty, vehicle registration must be made within 30 days from vehicle purchase date.
Take the assigned title and the Power of Attorney and Odometer Disclosure for Electronic Title, form TR-40 and the following documents with you to the treasurer’s motor vehicle office.
One of the following must be presented as proof of insurance:

Certificate of insurance (policy)
Insurance card issued by an insurance company (notice of policy renewal NOT acceptable)
Certificate of self-insurance issued by the Insurance Commissioner
Binder of insurance
Motor carrier ID number issued by the state corporation commission
A fleet policy
A commercial policy
Proof of insurance must exhibit the policy's expiration date. Originals, photocopies and facsimiles of these documents are acceptable.
Property Tax must be paid at time of registration/title application for autos, light trucks, motorcycles and recreational vehicles.
If the used vehicle was previously titled in another state or is purchased on a bill of sale where permitted, an inspection by the Kansas Highway Patrol (KHP) must be completed. The KHP will provide an inspection form called an MVE-1. Antique vehicles purchased out of state with either a title or bill of sale, or any antique vehicle model year 1950 or after must also obtain an MVE-1.

The new owner must sign the title application. Names connected by "and/or" or "or" requires only one owner's signature. Names connected by "and" or with no connection between names requires all parties to sign the title application. A Manual Application for Title and Registration, form TR-212a, can be completed and signed by both parties, or one owner can complete a Power of Attorney, form TR-41, appointing the other owner to act on their behalf.

Transfer of License Tag

Required information:

Title forms as above.
Current registration receipt. (If not available, license number plus a fee for duplicate registration.)
Previous vehicle must be disposed of prior to the new purchase or sold or traded within 30 days after the new purchase.
Name of buyer and sale date of previous vehicle.
The name(s) on the title assignment for the newly acquired vehicle must match the name(s) shown on the vehicle registration for the vehicle from which the license tag was removed (vehicle that was disposed of).
The above may not cover all situations. Other circumstances may cause the necessity for additional documents.

From time to time statue or procedures may be changed. The Kansas Division of Vehicles reserves the right to interpret statutory requirements. Statutory conflicts may require additional documentation not listed. Contact your local County Treasurer’s Motor Vehicle Office for further information.