Titles

Anyone whose name will be listed as an owner on the title must be present. It is advised that the seller also accompany the buyer to transfer the title. Those who cannot visit a Secretary of State office to transfer the vehicle title may appoint a designated agent or power of attorney to attend the office visit and sign the title on their behalf. Appointment of Agent form.

In addition to the $15 title fee, there is an extra $5 fee for instant title service. The vehicle owner must appear in person for instant title service. The owner cannot appoint an agent for an instant title transaction. If there are two owners of a vehicle, both owners must appear in person for instant title service. NOTE: For duplicate title transactions when there are two owners on the title record, only one owner needs to appear and sign the title application. An appointment of agent is not needed from the other owner. Both owner names will appear on the duplicate title. Every instant title application is unique, but all persons processing a title application must present a Michigan or out-of-state photo driver license or ID card. Also, the vehicle identification number or hull identification number (for watercraft) is required for every instant title application. Please check with our Information Center at 1-888-SOS-MICH (1-888-767-6424) to make sure you have all the correct paperwork before traveling to an instant title branch office. Most title transactions involving a Michigan title are eligible for instant title service at all Secretary of State branch offices. Certain title transactions are NOT eligible for instant title service.

Upon sale of a vehicle, the title record for the vehicle will remain in the seller's name until the buyer submits the seller's assigned title and applies for title in their (the buyer's) name. The best way to ensure this happens is for the seller to accompany the buyer to a Secretary of State branch office and process a title transfer application into the buyer's name. Sellers run a risk if they do not ensure the buyer applies for title. The Michigan Department of State cannot change the name on a title record until a new title application from the purchaser is processed. If you cannot accompany your purchaser to a branch office to ensure the title is transferred, make a copy of the front and back of the title after assigning it to your buyer. This will protect you against negligent use of the vehicle after delivering it to the buyer as provided in Section 257.240 of the Michigan Vehicle Code: 1) The owner of a motor vehicle who has made a bona fide sale by transfer of his or her title or interest and who has delivered possession of the vehicle and the certificate of title to that vehicle properly endorsed to the purchaser or transferee is not liable for any damages or a violation of law that subsequently results from the use or ownership of the vehicle by another, if the owner, other than a licensed dealer, satisfies the conditions prescribed under subsection (2). (2) The owner of a motor vehicle, other than a licensed dealer, shall satisfy 1 of the following conditions: (a) Accompany the purchaser of the vehicle to a secretary of state branch office to assure that the title of the vehicle being sold is transferred. (b) Maintain a record of the sale for not less than 18 months. As used in this subdivision, "record of the sale" means either a photocopy of the reassigned title or a form or document that includes the name, address, driver license number, and signature of the person to whom the vehicle is sold and the purchase price and date of sale of the vehicle.

The person I'm selling my vehicle to is asking that I leave my plate on it so he can drive it home. Should I do this?

No - immediately remove your plate upon selling the vehicle. You can transfer the plate to another vehicle you own or purchase. Do not let a buyer "borrow" your plate, as any violations (including parking tickets) issued to the buyer with your plate on the vehicle will be your responsibility.

Under Michigan law, a person who buys a vehicle through a private sale may drive the vehicle home using the most direct route without a license plate. The buyer must do so within three days of purchase and carry the assigned title and proof of insurance during transit.

If I sell a vehicle to someone and I don't accompany the purchaser to a Secretary of State office or maintain a record of the sale, and the purchaser does not transfer the vehicle title into their name, am I liable for actions of the purchaser?

Yes. A person who cannot prove they sold their vehicle as required by Section 257.240 is responsible for a civil infraction and subject to a civil fine of $15.00. The person is also presumed to be the last titled owner and is liable for towing fees and daily storage fees if the vehicle is abandoned.

If I lost the previous title before transferring the vehicle into my name and I can't find the previous owner, how can I get a title for my vehicle?

1. A Court Order - A court order awarding ownership of a vehicle can be used if the order includes the year, make, and vehicle identification number (VIN) of the vehicle; or
   
2. A Surety Bond - Without a court order, you must obtain a surety bond. A surety bond is like an insurance policy, and is purchased by the applicant from an insurance company or bonding agency. It must be for twice the fair market value of the vehicle ("fair market value" can be established by a dealer appraisal or a recognized vehicle appraisal guide). The bond is posted for three years and is returned if no claims are filed during the three-year period, or
   
3. As a last resort when a Michigan vehicle title has been lost, destroyed, or stolen and the purchaser is unable to contact the previous owner for a duplicate title, a Michigan resident can self-certify ownership at a Secretary of State branch office if the vehicle is ten or more years old and valued at $2,500 or less. The self-certification procedure cannot be used for vehicles titled in another state or by nonresidents.

You will need to submit:

a) A completed TR-205 Certification of Ownership (available on-line at all Secretary of State offices) stating you are the rightful owner of the vehicle and including the vehicle description, the true value of the vehicle, and a complete explanation of how, when, where, and from whom the vehicle was acquired; and

b) Either of the following:

• A vehicle value appraisal completed by a licensed Michigan dealer, or
• A page printed from an on-line appraisal service such as Kelly Blue Book, N.A.D.A. Guides, Edmunds, etc. (www.kbb.com, www.nadaguides.com, www.edmunds.com).

On-line appraisal sites may provide multiple vehicle values (wholesale value, trade-in value, and retail value). Any of these values showing a value of $2,500 or less may be accepted.

I'm purchasing or acquiring a vehicle from my uncle (my father's brother). Will I have to pay tax when transferring the title into my name?

Yes - under Michigan tax law, relationships that qualify for tax exempt status are limited to vehicles purchased or acquired from a spouse, father, mother, child, brother, half-brother, sister, half-sister, grandparent, grandchild, legal ward, or legally-appointed guardian. Included are stepparents, stepbrothers, stepsisters, stepchildren, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandchild-in-law. All other relationships (cousins, aunts, uncles, nephews, nieces, step-grandparents, great-grandchildren, grandparent-in-law, etc.) are not tax exempt. Owners may elect to follow a two-step title transfer process in which a tax exempt relationship applies. For example, your uncle could transfer the vehicle to his brother (your father), which would be tax exempt. Once the vehicle is re-titled in your father's name, he can transfer the title to you which would be tax exempt.

Submit your out-of-state title at a Secretary of State branch office. If more than one owner shows on the out-of- state title, all owners must be present, or the one present must have an Appointment of Agent form to sign for the other owner. Proof of valid Michigan no-fault insurance must be presented to purchase a Michigan license plate. If your out-of-state title is being held by a lien holder, you may take your out-of-state registration (expired less than 90 days) or proof of the out-of-state title to any Secretary of State branch office along with proof of Michigan no-fault insurance for the vehicle. Michigan will issue a "FOREIGN OWNERSHIP-REGISTRATION ONLY" registration for the vehicle. A Michigan title is not issued. The out-of-state title remains the ownership document.

Take your out-of-state registration (expired less than 90 days) or proof of the out-of-state title to any Secretary of State branch office along with proof of Michigan no-fault insurance for the vehicle. Proof of your out-of-state title can be a fax copy or photocopy of the title, a memo title, a recently validated title application, or a vehicle record printed on the issuing state's Department of Motor Vehicles letterhead verifying the vehicle is titled in that state. Michigan will issue a "FOREIGN OWNERSHIP-REGISTRATION ONLY" registration for the vehicle. A Michigan title is not issued. The out-of-state title remains the ownership document.

• You should receive an original title in the mail in about 14 days. Make sure the information on the title is accurate and report errors to your local Secretary of State office.
• Keep your title in a safe place. Do not store it in your vehicle.

Only under extenuating circumstances can the application be faxed to an out-of-state customer. This is because original documents with original signatures are needed. If the application is faxed to the customer, the application still needs to be returned by mail so that original signatures are on the application.

How do I verify whether a motor vehicle repair facility is properly licensed or registered by the Department of State?

A list of currently licensed or registered dealers and repair facilities can be found on the Secretary of State's Web site at Vehicle Dealer and Repair Facility Lists. The lists are organized by county in alphabetical order by name and are updated on a daily basis. If you are unable to locate the motor vehicle dealer or repair facility you are searching for, please call the Customer Support Section at 1-888-SOS-MICH (1-888-767-6424) for assistance.

If you have a complaint, try to work it out with the dealership owner or manager. If the problem isn't resolved, contact the Department of State's Regulatory Monitoring Division at 1-888-SOS-MICH (888-767-6424). An automotive complaint form is available on the Department of State Web site. The bureau investigates issues within its authority.

If the deceased owner's estate is not probated, the surviving spouse may transfer that vehicle into their name. Present the title, the current registration or license plate number (if there is one), and a certified copy of the death certificate to a Secretary of State branch office. The surviving spouse will complete a TR-29 Certification From the Heir to a Vehicle form. If the estate is being probated, the personal representative appointed by Probate Court must assign the title to the surviving spouse. The spouse presents the assigned title and a copy of the personal representative's Letter of Authority document to apply for a title in their name at a Secretary of State branch office. If the current title is in both your name and the deceased's name with the legend "Full Rights To Survivor" printed on it, then all that is needed to transfer the vehicle into just your name is the title and a copy of the death certificate.

The mileage on a title may be corrected by obtaining an amended odometer statement from the seller who incorrectly reported the mileage in the first place. A corrected title application can then be processed at any Secretary of State branch office. If the Department of State made the error, the title and a certification of what the error is can be taken to any Secretary of State branch office. The branch will mail in the title with the certification for correction.

You may request this information online by selecting the Record Sales Services link under the Additional Services section and then selecting "Request Records" or by mail. There is an $15 fee for each record, $16 if certified. All fees must be prepaid. You may download a Michigan Department of State Record Lookup Request form. Mail the request with a check or money order made payable to the "State of Michigan" to: Michigan Department of State
Record Sales Section
7064 Crowner Drive
Lansing, MI 48918-1540

The Department of State has a list of Salvage Inspectors by County. To find a resource near you, you may use Online Services. Follow the link and select Salvage Vehicle Inspector under Additional Services. You may also contact our Information Center at 1-888-SOS-MICH (1-888-767-6424) for the names of inspectors in your county.

• Ownership documents
• Stamped U.S. Customs and Border Protection "Entry Summary" CBP 7501 form- This form will have the vehicle identification number listed and a brief description of the vehicle. Also, read the note that follows.
• U.S. Department of Transportation HS-7 form - If box 3 is checked, this indicates the vehicle wasn't manufactured to U.S. standards. A registered importer must assist with importing the vehicle. The importer provides the federal government with a statement of conformity to document what steps were taken to modify the vehicle to U.S. standards. The federal government reviews the statement of conformity and provides the importer with a bond release letter. Both the HS-7 form and bond release letter are then submitted with the title application. If 30 days have passed since the statement of conformity was submitted to the federal government, the statement of conformity can be accepted in lieu of the bond release letter.
• TR-54 Inspection Form - This is required only if the vehicle was imported through a state other than Michigan and the vehicle is being titled but not registered (if the vehicle is being registered, this form isn't required).
• Proof of insurance

Note about the CBP 7501 form: The CBP 7501 is required for on-road vehicles, mopeds, trailers, trailer coaches, ORVs, watercraft and snowmobiles. The form doesn't need a stamp or seal for vehicles that are at least 25 years old, ORVs, watercraft and snowmobiles.

Note about the HS-7 form: If box 3 is checked on the HS-7 form, this indicates the vehicle wasn't manufactured to conform with U.S. safety and emissions standards. A registered importer must assist with the importation process (this is required by federal law). The registered importer provides the federal government with a statement of conformity that documents what steps were taken to modify the vehicle to meet U.S. standards. The federal government reviews the documentation and provides the importer with a bond release letter. The bond release letter is submitted with the HS-7 form. However, if 30 days have passed since the documentation was submitted to the federal government, the statement of conformity may be accepted in lieu of the bond release letter.

The registered importer ensures the vehicle has proper ownership documents, meets all federal EPA emission standards and DOT safety standards, converts the odometer reading to miles, and ensures any custom duties are paid.

1. Passenger vehicles registered in another state operated by a nonresident for up to 90 days (new residents must title and register their vehicles immediately).
2. An implement of husbandry (farm tractors and equipment).
3. Any vehicle owned by the United States government.
4. A trailer weighing less than 2,500 pounds is exempt from titling but must be registered (a title may be issued on request). All trailer coaches must be titled and registered.
5. A vehicle driven or moved upon the highway using the most direct route (round trip) for the purpose of:

• obtaining a weight receipt from a weigh master,
• obtaining a physical inspection from a law enforcement agency, or
• obtaining a salvage recertification inspection.

1. A moped is exempt from titling, but must be registered.