Note: This information
is for general use it is not intended nor should it be
considered "legal
advise." Questions
concerning the Titling Laws of Ohio should be referred
to Your Legal Advisor.
When You Buy A Car/Truck
Late Filing Fee
When You Sell A Car/Truck
Power of Attorney
Sales Tax
Use Tax
Payment of Ohio
Sales & Use Tax
Federal Odometer Statement
Duplicate Titles
Automobile
Mortgages
Memorandum Certificate
of Title
Change of Name
Surviving Spouse (car)
Out
of State Car Purchase
Out of State
Inspection
Mobile Homes/House
Trailers
Motor
Homes/Travel Trailers/Truck Campers
Commercial Trailers
Body Type Changes
Salvage Vehicle
Buying A Boat or Motor
Transfer of Title
Selling A Boat or Motor
Surviving Spouse
(Boat or Motor)
When You Buy A Car
Alterations or erasures on a Certificate of Title
will cause the title to become null and void and a replacement
title will have to be obtained. Any part of the assignment or
application on the reverse side of the title should not be filled
in, unless it is done in the presence of a Notary Public or other
duly authorized person with power to administer oaths. All signatures
must be notarized. For your protection always make a physical
inspection of any automobile you buy, checking the Serial Number
to see that it corresponds with the Serial Number on your Certificate
of Title. Your Certificate of Title must be obtained in the County
in which you reside.
Late
Filing Fee
You must obtain you new Certificate of Title within
30 days after the assignment date on the title, otherwise, by
law, the Clerk must assess an additional $5.00 late fee.
When You Sell a Car
Never make any alterations or erasures on a Certificate
of Title; if this is done, the title becomes null and void and
a replacement title will have to be obtained. Do not complete
the assignment on the reverse side of the Certificate of Title
until a legitimate sale has been made. The buyer's full name,
address, purchase price and mileage must be inserted in the appropriate
spaces before you sign the assignment. All signatures must be
sworn to before a Notary Public or other duly authorized person
with power to administer oaths.
Power
of Attorney
No person can sign for you without a notarized Power
of Attorney form. This form is attached to our file copy. We
will provide the form.
Sales
Tax
The State Legislature enacted a sales and use tax
law on a casual sale of an automobile. Any person purchasing
an automobile from another person must fill out a Tax Form stating
the purchase price upon which Sales Tax is levied. This form
will be sworn to before a person duly authorized to administer
oaths.
Use
Tax
A use tax must be paid by a resident of Ohio when
he purchases a motor vehicle outside the state of Ohio. This
applies to the purchase of a car for use or storage, in Ohio.
Payment of Ohio Sales & Use Tax
Section 4505.06 of the Ohio Revised Code requires
that the Ohio Sales Tax and Use Tax must be paid to the Clerk
of Courts before an application for an automobile title can be
accepted. The Clerk of Courts is required to administer this
law and collect this tax for the State of Ohio. We accept Cash,
Personal Checks, Cashier's Checks, VISA & MasterCard.
Federal Odometer Law
Federal and State laws requires the Clerk of Courts
to obtain an odometer statement from the seller of a motor vehicle
prior to the issuance of a Certificate of Title.
Duplicate
Titles
If the original title is lost, stolen or destroyed,
you may obtain a Duplicate Certificate of Title. If after issuance
of the Duplicate, the Original is recovered, it must be returned
to this office for cancellation.
When You Have a Mortgage on Your Automobile
If you apply for a loan, using your car as collateral,
always insist upon getting a Memorandum Certificate of Title
with which you can obtain license plates. Upon satisfaction of
your mortgage, you will receive the original Certificate of Title
from the lending institution, properly marked "Paid"
and "Lien Cancelled" by the Clerk of Courts.
Memorandum Certificate of Title
You cannot transfer ownership of an automobile with
a Memorandum Certificate of Title (white copy). It is issued
only for the purpose of obtaining license plates when the original
title is held by the lienholder.
Change
of Name
If your name is changed through marriage or court
proceedings, the name on your Certificate of Title may not be
changed. There is no authority in the law to issue a new title
in your name, for the same vehicle.
Surviving Spouse (car)
A Surviving spouse may take one automobile, of any
value, or two automobiles with the total appraised value not
to exceed $40,000, by providing the decedent's title and affidavit
stating the date of death, that the vehicle was not willed to
anyone, a description of the automobile and the approximate value.
This transfer does not affect any liens upon the automobile.
When You Buy A Car Out of Ohio That
Carries an Out-of-State Title or Registration Certificate
If you purchase a car out of state, it is necessary
that the seller assign his title to you and have it notarized,
if applicable, in the state where the sale is transacted. Be
sure that the Notary Public's seal is affixed. If the car is
registered in a non-tile state, the seller's certificate of registration
with a notarized bill of sale is required. If you have a mortgaged,
out-of-state vehicle to register in Ohio, it is necessary that
a certified copy of the mortgage, conditional sale contract or
other similar instrument be presented with either your original
title or registration.
Inspection of Out-of-State Vehicle
If the application for a Certificate of Title refers to a motor
vehicle last previously registered in another state, the application
shall be accompanied by a Physical Inspection Certificate verifying
the make, body type, model, and manufacturer's serial number
of the motor vehicle for which the Certificate of Title is desired.
The Department of Highway Safety Inspection Certificates are
completed at various Inspection Stations located throughout Ohio.
Call your Clerk of Courts for one located near you.
Mobile Home or House Trailer
The owner of a mobile home or house trailer is required
to obtain a Certificate of Title. Mobile homes and house trailers
are transferred in the same manner as motor vehicles. Except,
before the buyer can obtain a new title in his name, the seller
must have the title stamped by the County Treasurer's Office
in the county where the mobile home or house trailer is located,
showing all annual taxes have been paid prior to the sale.
Motor Homes, Travel Trailers &
Truck Campers
Effective Aug. 27, 1976, the Certificate of Title
law was amended for the issuance of titles for all travel trailers,
motor homes and truck campers. These must be titled in the State
of Ohio and are transferred in the same manner as motor vehicles.
Commercial Trailers
A Certificate of Title is not required on any utility-commercial
trailer weighing less than 4,000 pounds. To obtain license plates
you must procure a weight card from the license bureau and have
the trailer weighed. Commercial trailers or semi-trailers weighing
in excess of 4,000 pounds must have a Certificate of Title. To
sell, transfer or mortgage such trailers the Certificate of Title
must be presented.
Body
Type Change
If the body type is changed in any manner, and is
not the motor vehicle described on your title, present your title
to the Clerk of Courts Office so a body change may be made.
Salvage
Vehicle
When you dismantle, destroy or change the character of your automobile
so that it no longer is a complete car, you must surrender your
Certificate of Title to the Clerk of Courts for cancellation.
When you sell your car to a Salvage Dealer, you must surrender
your Certificate of title to that dealer with the assignment
(on the back of the title) completely executed. To convert a
Salvage Title to a Regular title, an inspection must be made
by the State Highway Patrol. A fee of $25.00 is charged. The
application for the inspection may be obtained at the State Highway
Patrol station.
Buying
a Boat or Motor
A Certificate of Title is required on all boats 14
feet or longer and all outboard motors 10 H.P. or greater. A
canoe or kayak is exempt. Before purchasing a boat or motor be
sure the seller has the Certificate of Title. The seller is also
required to assign the Ohio Watercraft Registration card to you.
Transfer
of Title
Your title will be issued to you by the Clerk of Courts
in the County of your residence regardless of the location of
the boat. Do not accept the title from the seller until he has
his signature notarized and your name is shown as buyer.
Selling a Boat or Motor
Do not execute the assignment on the reserve side
of the Certificate of Title until a bonafide sale has been made.
Make certain the buyer's full name and address is inserted before
you sign the assignment. Initials are not acceptable. you must
have your signature notarized.
Surviving Spouse (boat or motor)
The surviving spouse may elect only one boat and one
outboard motor.
Remember:
The Certificate of Title to your automobile or watercraft
is similar to the deed to your real property. Take good care
of it. Do not carry your Certificate of Title on your person
or in your car. Keep it in a safe place. It is your only proof
of ownership.
Remember:
If you are in doubt concerning the transferring, buying,
selling or mortgaging of a motor vehicle, call your Clerk of
Courts Title Office for complete information.
Remember:
Ohio Revised Code Section 4505.06 requires all titles
that are assigned and notarized must be brought to the Clerk
of Courts within 30 days from date of notarization to be transferred
to the new owner or a penalty of $5.00 must be assessed.
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