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The DMV Reg 138 form is an essential document for anyone involved in the sale, transfer, or lease return of a vehicle or vessel in California. This form, officially titled the Notice of Transfer and Release of Liability, is crucial for ensuring that liability is appropriately transferred from the seller to the new owner. To achieve this, it must be completed accurately and submitted within five days of the transaction. Key details, such as the odometer reading, the date of sale, and the names and addresses of both the seller and the new owner, must be clearly provided. Legibility is paramount—information must be printed in capital letters using black or blue ink. The form can be filed online or mailed to the DMV; however, individuals submitting it online receive immediate confirmation, while mailed submissions do not guarantee acknowledgment. Inaccuracy or omissions on this form can lead to disputes regarding liability, making careful completion imperative. Proper documentation protects sellers from subsequent liabilities related to parking or traffic violations and ensures that they no longer face civil litigation connected to the vehicle after the sale. Keeping a copy of the completed form for personal records is also advisable, as future collection notices could arise months or even years post-sale.

Dmv Reg 138 Example

TO ENSURE YOUR LIABILITY IS RELEASED, PLEASE FOLLOW THE INSTRUCTIONS BELOW.

THE FORM MUST BE COMPLETED IN FULL. PRINT IN CAPITAL LETTERS USING BLACK OR BLUE INK.

DMV DOCUMENT IMAGING USE ONLY

NOTICE OF TRANSFER AND

RELEASE OF LIABILITY

MAIL THIS FORM TO DMV

OR FILE ONLINE AT dmv.ca.gov

NEW OWNER’S LAST NAME (OR) COMPANY NAME

 

FIRST

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NEW OWNER’S ADDRESS

 

 

 

 

 

 

 

 

APT NUMBER

ODOMETER READING (NO TENTHS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CITY

 

STATE

 

ZIP CODE

 

 

 

 

DATE OF SALE, TRANSFER, OR LEASE RETURN

MO.

DAY

YR.

SELLER’S OR LESSEE’S LAST NAME (OR) COMPANY NAME

 

 

 

FIRST

 

 

 

 

 

 

 

 

 

 

SELLING PRICE (NO CENTS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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DOLLARS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SELLER’S OR LESSEE’S ADDRESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APT NUMBER

 

IF VEHICLE IS A GIFT,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ENTER 0 FOR SELLING PRICE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CITY

 

 

 

 

 

 

 

 

 

STATE

 

ZIP CODE

 

SELLER’S OR LESSEE’S SIGNATURE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VEHICLE LICENSE OR CF NUMBER

 

 

MAKE OR BUILDER

YEAR MODEL

 

VEHICLE ID OR VESSEL HULL NUMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WARNING! You must provide accurate, legible information: vehicle/vessel description, your name/address, buyer’s name/address, and date of sale, transfer, or lease return, or the information SHALL NOT be updated or retained.

REG 138 (REV. 2/2012)

STATE OF CALIFORNIA

NOTICE OF TRANSFER AND RELEASE OF LIABILITY

DEPARTMENT OF MOTOR VEHICLES®

A Public Service Agency

 

 

 

 

 

 

 

 

Please Protect Yourself!

1.

VEHICLE OR VESSEL

4.

DATE OF SALE, TRANSFER, OR

 

 

Submit a Notice of Transfer

 

DESCRIPTION

 

LEASE RETURN

 

 

and Release of Liability

2.

NEW OWNER’S NAME

5.

YOUR NAME AND ADDRESS

 

 

 

 

 

 

 

 

Give Us

 

AND ADDRESS

 

 

 

 

3.

ODOMETER READING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This form may be iled online at dmv.ca.gov and a receipt can be printed ensuring it had been received.

This form may also be mailed, but no notiication will be sent that it was received.

WARNING:You must provide accurate, legible information: vehicle/vessel description, your name/address, new owner’s name and address, and the date of sale, transfer, or lease return. Otherwise the information WILL NOT be updated or retained.

You WILL NOT receive notiication that the information was not updated or retained.

Pay careful attention to write the new owner’s information in the new owner section and the seller’s information in the seller’s section. If you have multiple vehicles or sell multiple vehicles at the same time, be sure to enter the correct vehicle license plate and vehicle identiication number for the correct vehicle and list the correct new owner. File this form within 5 days of the transaction taking place. Submitting this notice yourself is the best way to ensure DMV gets all the information in a timely manner. If you give this form to the new owner, they may never submit it to DMV on your behalf.

IF YOU ARE COMPLETING THIS FORM INSTEAD OF FILING ONLINE AT dmv.ca.gov,

DETACH AND KEEP THIS PART FOR YOUR RECORDS AND MAIL THE TOP CARD TO DMV.

DO NOT MAIL A COPY OF A BILL OF SALE OR ANY OTHER DOCUMENTATION WITH THIS FORM.

(See Reverse for Additional Information)

REG 138 (REV. 2/2012)

REG 138 (REV. 2/2012)

From:

____________________________________

____________________________________

____________________________________

A

FIRST

CLASS

LETTER

POSTAGE

REqUIRED

DEPARTMENT OF MOTOR VEHICLES

NOTICE OF TRANSFER AND RELEASE OF LIABILITY

P. O. BOX 942859

SACRAMENTO, CA 94259-0001

FDDFTADDAFAAAFTTFATDAFATDTAADDFTATTFDFFTTTTADFADTDAAFATFAFFTTTDAA

DEPARTMENT OF MOTOR VEHICLES

P. O. BOX 942859

SACRAMENTO, CA 94259-0001

IF YOU DO NOT FILE THIS FORM ONLINE AT dmv.ca.gov, COMPLETE AND MAIL

THE TOP CARD TO DMV AND DETACH AND KEEP THIS PART FOR YOUR RECORDS

You are required by law to notify the Department of Motor Vehicles (DMV) within ive (5) days from the date you sell or otherwise dispose of a vehicle or vessel. This form is provided for use in reporting the sale or transfer to the Department, and does not constitute application for transfer of ownership (title).

BEFORE YOUR NAME IS REMOVED FROM DMV’S RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF OWNERSHIP (TITLE) RECEIVED FROM YOU AND THEY MUST COMPLETE ALL TRANSFER REQUIREMENTS.

When this form is properly completed and the information is recorded by DMV (see WARNING on reverse side), liability for parking and/or traffic violations and civil litigation resulting from operation of the vehicle/vessel after the date of sale, transfer, or lease return, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owner’s identiication to ensure the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as collection notices can be received months/ years after the vehicle has been sold; do not ignore any collection notice. California Vehicle Code (CVC) §5602 states the requirements for releasing liability and may be referred to for any liability disputes.

VEHICLE LICENSE OR CF NUMBER

MAKE OR BUILDER

YEAR MODEL

VEHICLE ID OR VESSEL HULL NUMBER

ODOMETER READING

DATE OF SALE, TRANSFER, OR LEASE RETURN

SELLING PRICE (IF VEHICLE IS GIFT, ENTER 0)

NAME OF NEW OWNER

ADDRESS OF NEW OWNER

REG 138 (REV. 2/2012)

Form Characteristics

Fact Description
Purpose The DMV REG 138 form serves as a Notice of Transfer and Release of Liability. It officially notifies the Department of Motor Vehicles when ownership of a vehicle or vessel has changed.
Filing Deadline California law requires you to submit this form within five (5) days of selling or transferring a vehicle or vessel. Doing so protects you from potential liability issues.
Submission Method You can file the REG 138 form online at dmv.ca.gov or mail in a physical copy. If you file online, you receive a receipt confirming your submission.
Information Required Accurate details are crucial. This includes the new owner’s name and address, vehicle description, and sale date. Any inaccuracies may lead to retention issues.
Governing Law California Vehicle Code (CVC) §5602 outlines the requirements for releasing liability. This law is important for understanding your rights and responsibilities when transferring ownership.

Guidelines on Utilizing Dmv Reg 138

Filling out the DMV Reg 138 form is a crucial step to ensure your liability is released after selling or transferring ownership of a vehicle. Completing this form accurately helps protect you from any future legal or financial responsibilities related to the vehicle. After filling out the form, you can submit it online or mail it to the DMV, but make sure to do so within five days of the transaction.

  1. Use black or blue ink to fill out the form, and make sure to print in capital letters.
  2. Start with the vehicle or vessel description section by providing the vehicle license or CF number, make or builder, year, model, and Vehicle ID or vessel hull number.
  3. Next, fill in the odometer reading, ensuring to enter whole numbers only without any tenths.
  4. In the "New Owner's Name" section, write the last name (or company name) first, followed by the first name.
  5. Provide the new owner's address, including the apartment number (if applicable), city, state, and zip code.
  6. Enter the date of sale, transfer, or lease return in the format of month, day, and year.
  7. Indicate the seller’s or lessee’s last name (or company name) and first name in the seller’s information section.
  8. Fill in the seller’s or lessee’s address with the apartment number (if applicable), city, state, and zip code.
  9. Input the selling price in whole dollars. If the vehicle is a gift, simply enter 0.
  10. The seller must sign and date the form in the designated area.

After completing these steps, double-check the form to ensure all information is accurate and legible. Remember, this information is crucial for the DMV to update their records. Mail the form to the address specified, or file it online at dmv.ca.gov to keep a receipt of your submission.

What You Should Know About This Form

What is the DMV REG 138 form used for?

The DMV REG 138 form, known as the Notice of Transfer and Release of Liability, is a crucial document used to inform the California Department of Motor Vehicles (DMV) that a vehicle or vessel has been sold or transferred. By submitting this form, you release yourself from any liability associated with the vehicle after the date of the sale. This ensures that any future traffic violations, parking tickets, or accidents involving the new owner do not affect you.

How do I fill out the DMV REG 138 form correctly?

To fill out the form, you must print in capital letters using black or blue ink. Be sure to include accurate and legible information regarding the vehicle details, including make, model, license number, and VIN. Your name and address, along with the new owner's name and address, must also be included. Finally, report the sale price and the date of the transaction. Double-checking this information is vital because any errors can result in the DMV not updating their records properly.

Where do I submit the DMV REG 138 form?

You have a couple of options for submitting the DMV REG 138 form. You can fill it out online at the DMV’s website, dmv.ca.gov, where you will receive instant confirmation of your submission. Alternatively, you can mail the completed form to the provided address on the form itself. However, keep in mind that if you opt to mail your form, you will not receive any notification confirming its receipt, so retaining a copy for your records is essential.

What happens if I do not submit the DMV REG 138 form?

If you fail to submit the DMV REG 138 form within five days of the transaction, you remain liable for any incidents involving that vehicle. This includes any traffic or parking violations incurred by the new owner. Liability releases only take effect once the DMV processes your form, so timely submission protects you from potential legal and financial complications in the future.

Can someone else submit the DMV REG 138 form on my behalf?

While it may be tempting to have the new owner submit the form for you, it's often safer to submit it yourself. If the new owner does not follow through, you could be held liable for any issues related to the vehicle. To protect your interests, it is best to handle this process personally to ensure the DMV receives the notification and updates their records accordingly.

What should I do if I receive a collection notice after submitting the form?

If you receive a collection notice for a vehicle you no longer own, don't ignore it. Keep a copy of the completed REG 138 form handy to show that you reported the sale. Mistakes can happen, and the DMV may not have updated their records on time. Contact your local DMV office as soon as possible, and provide them with the necessary documentation to help clarify the situation.

Is there a fee associated with submitting the DMV REG 138 form?

No, there is no fee to submit the DMV REG 138 form, whether you file it online or send it by mail. This form is provided as a public service to help facilitate the transfer of liability and protect both the seller and the new owner from unexpected liabilities. Always remember to file it within the required five-day window to ensure your protection.

Common mistakes

Completing the DMV Reg 138 form can be straightforward, but many individuals make common mistakes that can lead to issues later on. Attention to detail is key when filling out this important document to ensure that your liability is released effectively. Below are ten frequent errors to avoid.

1. Incomplete Sections: One of the most critical errors is leaving sections blank. Each part of the form must be filled out completely. Omitting any information can cause delays in processing and may prevent the release of liability from being recognized.

2. Illegible Writing: The form requires you to print in capital letters using black or blue ink. Writing that is hard to read can lead to incorrect data entry. If the DMV cannot decipher your entry, it will not be recorded, and you might remain liable for the vehicle's use.

3. Incorrect Odometer Reading: Carefully measure the odometer reading and ensure you write down the number without tenths. A mistake in this area can create confusion and legal issues regarding the vehicle’s actual mileage at the time of sale.

4. Inaccurate Dates: Filling in the wrong date of sale, transfer, or lease return is another common mistake. This date is crucial for liability release. If the timing is off, you could face repercussions in the event of traffic violations or accidents involving the vehicle post-sale.

5. Misidentifying Sellers and New Owners: Clarity is essential. Always double-check that you have written the correct names in the right sections—specifically, the seller's information must be distinguished from the new owner’s details. Mixing these up can lead to miscommunication and potential liability disputes.

6. Ignoring the Instruction to File Promptly: The form must be submitted within five days of the transfer. Delaying submission could leave you liable for any issues arising from the vehicle after the sale occurs. Remember, mailing the form late can affect your legal protections.

7. Submitting Incomplete Documentation: Some individuals mistakenly believe they need to send additional documents, such as a bill of sale, alongside the form. However, this is unnecessary and could slow down the process. Focus on sending only the completed Reg 138 form.

8. Not Retaining a Copy: Failing to keep a copy of the completed form can be troublesome, especially if future issues arise. Having a record can help you respond to notices or claims that may appear long after the sale.

9. Disregarding the Importance of Verification: Ensuring the new owner's information is accurate is vital. Mistakes in names or addresses can lead to communication problems with the DMV, creating liability issues for you down the line.

10. Relying on Others to Submit the Form: Some sellers make the error of giving the form to the new owner, expecting them to file it. This practice can be risky—if the new owner fails to submit it promptly, the seller can still be held liable for the vehicle.

By being vigilant and thorough when completing the DMV Reg 138 form, individuals can avoid these common pitfalls and ensure a smoother transaction and transition of liability.

Documents used along the form

The DMV Reg 138 form, known as the Notice of Transfer and Release of Liability, plays a crucial role in ensuring that liability for a vehicle or vessel effectively transfers from the seller to the new owner. When completing this process, there are several other forms and documents that you may need to use. Here’s a brief overview of those commonly used alongside the Reg 138 form.

  • Application for Title or Registration (REG 343): This form is used to apply for the title or registration of a vehicle after it has been purchased. It's essential for the new owner to ensure their ownership is officially recognized by the DMV.
  • Bill of Sale: This document serves as a receipt and proof of the transaction between the buyer and the seller. It may include details such as the vehicle's identification number (VIN), sale price, and signatures of both parties.
  • Notice of Release of Liability (REG 138-2): Similar to the REG 138, this form is filled out when a vehicle is sold or transferred and notifies the DMV of the change in ownership to relieve the seller of any future liabilities.
  • Odometer Disclosure Statement (REG 225): For vehicles less than ten years old, this form provides a record of the odometer reading at the time of sale. It helps prevent odometer fraud and ensures that the buyer is aware of the vehicle's mileage.
  • Transfer of Title for Vehicles (REG 262): This form is utilized when the ownership of a vehicle is being transferred between parties. It captures details about the vehicle and the new owner, ensuring that the DMV updates its records.
  • Application for Duplicate Title (REG 227): If the original title has been lost or damaged, this form allows the owner to request a duplicate title to reflect their ownership properly.
  • Power of Attorney (REG 260): If the seller cannot complete the transfer in person, this document authorizes another person to sign on their behalf, making the transaction lawful and valid.
  • Verification of Vehicle (REG 31): In certain situations, this form is required to confirm the vehicle's identification number and verify that it matches the DMV records before a title transfer.
  • Ownership Transfer Request (REG 246): This may be used if there are special circumstances surrounding the ownership transfer, involving certain identifiers or unique situations that weren’t covered in the regular forms.

Using these forms in conjunction with DMV Reg 138 helps ensure a smooth transfer of vehicle ownership. Accurate and timely submission of all required documentation is essential for protecting the interests of both the seller and the new owner. Always keep copies of everything for your records, as they can be important in case any issues arise in the future.

Similar forms

The DMV REG 138 form, commonly used for notifying the Department of Motor Vehicles about the transfer of a vehicle or vessel, shares similarities with several other important documents in vehicle transactions. Here’s a look at seven such documents:

  • Bill of Sale: This document serves as proof of purchase and outlines the details of the sale, including the vehicle's description, selling price, and the parties involved. Like the REG 138, it records essential transaction details but is primarily for buyer-seller confirmation.
  • Title Transfer Application: This form is necessary for formally changing vehicle ownership. Both the REG 138 and the title transfer application must be completed to ensure that liability is properly shifted from the seller to the buyer.
  • Vehicle Registration Application: When registering a vehicle, this application requires information about the new owner and the vehicle itself. Similar to the REG 138, it ensures that records reflect the current owner to avoid liability issues.
  • Odometer Disclosure Statement: This document is often required during sales to provide accurate mileage at the time of transfer. Like the REG 138, it focuses on critical vehicle information to ensure proper reporting.
  • Power of Attorney for Vehicle Transactions: This document allows one party to act on behalf of another in vehicle dealings. If you, as a seller, allow someone else to submit the REG 138, a power of attorney can formalize that arrangement.
  • Transfer of Ownership Form: Similar to the REG 138, this form is used to communicate the change of ownership to relevant authorities. It plays a crucial role in making sure all parties are properly documented.
  • Vehicle Donation Receipt: If you donate a vehicle, this document provides proof that ownership has changed and that the donor has no further liability. Like the REG 138, it serves as a formal notification of the change in ownership status.

Dos and Don'ts

Things You Should Do:

  • Fill out the DMV Reg 138 form completely.
  • Print using capital letters with black or blue ink.
  • Submit the form online at dmv.ca.gov or mail it to DMV promptly.
  • Keep a copy of the completed form for your personal records.

Things You Shouldn't Do:

  • Do not leave any sections of the form blank.
  • Avoid using any ink color other than black or blue.
  • Do not include a bill of sale or any other documents with your submission.
  • Do not assume the new owner will submit the form on your behalf.

Misconceptions

Misconception 1: The DMV REG 138 form is only necessary for private vehicle sales.

In reality, this form must also be completed when transferring any vehicle or vessel, including those given as gifts or through leasing agreements. It is crucial to submit this notice for both personal and commercial transactions to ensure liability is properly transferred.

Misconception 2: Completing the REG 138 form online guarantees that the information will be processed more quickly.

While filing online does allow for immediate confirmation of receipt, the processing time depends on the DMV's workload. Regardless of how the form is submitted, it is important to ensure all the information is accurate and legible to avoid delays.

Misconception 3: I can provide the REG 138 form to the new owner, and they will ensure it is filed with the DMV.

This can lead to complications. It is best for the seller to submit the form themselves within five days of the transaction. Relying on the new owner may result in delays and possible liability issues if the form isn't submitted in a timely manner.

Misconception 4: The sale date recorded on the REG 138 form does not matter as long as the form is filled out.

The date of sale, transfer, or lease return is crucial for liability release. The DMV requires this date to be accurate to ensure that the responsibilities for any violations associated with the vehicle or vessel are appropriately assigned to the new owner.

Misconception 5: I can include extra documentation, like a bill of sale, with the REG 138 form when I mail it.

Contrary to this belief, attachments such as bills of sale should not accompany the REG 138 form. Only the completed form needs to be mailed, as submitting additional documents can lead to confusion and possibly result in processing delays.

Key takeaways

Here are some important things to keep in mind when filling out and using the DMV Reg 138 form:

  • Always use black or blue ink and print in capital letters.
  • Make sure to complete all sections of the form. Incomplete forms may not be processed.
  • File the form online at dmv.ca.gov for immediate confirmation, or mail it to the DMV.
  • Submit the form within 5 days of the sale, transfer, or lease return to avoid potential liability issues.
  • Keep a copy of the completed form for your records, as you might receive notices related to the vehicle long after the sale.
  • Verify the new owner's information before submitting to ensure accuracy.