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 the buyer can apply for a title and registration. 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).

VIN Inspection

If you have an Out of State title, then you will need to obtain a MVE-1 from the local Sheriff's Department. They will only inspect titles that are clear from any branding (ex. Salvage, Rebuilt, etc.). They are located at 826 N Franklin St, Junction City, KS 66441. You will need to park on the 9th Street side of the building. The cost is $20 cash only.

If you have an Out of State title with any form of branding (ex. Salvage, Rebuilt, etc.) you will need to obtain a Highway Patrol VIN Inspection. The officer is available at the Geary County Treasurer's office every Tuesday from 8:00 AM to 10:30 AM, or you may call Salinas Highway Patrol to set up an appointment.

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 with a Power of Attorney, and are also signing as 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 the Seller's title shows a lien on it, you must have proof the lien is satisfied. We will need either the bank signing on the title stating the lien is satisfied, a properly signed and/or notarized release of lien, or a letterhead stating the lien is satisfied. What is required is based on the titling states requirements. If there is a lien listed on the title and no proof of a release of lien, then the seller must contact their lienholder and request for proof of satisfaction based on the titling states requirements. If they need a form they may use the Kansas Release of Lien (TR-150). If they do not know the requirements of the titling state, 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
• Proof of Ownership
  • Last existing title, or
  • Current or previous Kansas registration receipt, or
  • Verification of title
• VIN Inspection - only if the ownership document is from another state.
• Lienholder's Consent or Lien Release - only if lienholder is listed on the proof of ownership.
• Affidavit or Probated Will - depends on status of the will, if any.
  • 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 Fact (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:

• Aunt
• Brother
• Niece
• Sister
• Uncle

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
  • 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 seller does not have the current registration receipt for the vehicle and/or the registration receipt does not indicate a lienholder name has been added to the record, the owner must obtain a duplicate registration or vehicle record verification from a county treasurer's motor vehicle office.
  • Buyer may submit this form and proof of insurance to any Kansas County Treasurer's motor vehicle office to obtain a Kansas 60 day permit.
  • A notarized lien release is needed to obtain the title. This may be presented with the Electronic Title Sales Agreement to ensure the title is released and presented to the buyer within their 60 day permit.
  • Cost for this permit is $8.00.
• Purchased a vehicle with a title:
  • You will need to the following documents:.
    • Title
    • Insurance
    • Driver's License
  • You will be issued a 60 day permit, dated from the purchase date listed on the title. 
  • Cost for this permit is $8.00.

• Purchased a vehicle from a dealership:

  • You will need to the following documents:

    • Bill of Sale/Sales Contract

    • Insurance

    • Drivers License

  • Cost for this permit is $8.00.

• A 1-day Permit is issued when you no longer have a 60 day permit OR your out of state registration is expired. You may come into the County Treasurer's Office and purchase a permit to drive from where your vehicle is currently parked to the County Sheriff's Department.

  • You will need the following documents:

    • Title

    • Insurance

    • Driver's License

  • Cost for this permit is $1.00

  • You may assign the permit to a specific day.

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.