Five days. A California seller must file a Notice of Transfer and Release of Liability (REG 138) within 5 days of selling or otherwise transferring a vehicle. You can file it online or mail the form. It tells DMV you no longer own the car, which helps protect you from parking tickets, tolls, tows and civil liability the buyer runs up. It doesn't remove your name from the record by itself; that happens when the buyer completes the transfer.
Educational information only. This article is not legal advice.
In this article
- Seller and buyer deadlines
- How to file the release of liability
- For dealers
- Frequently asked questions
Seller and buyer deadlines
| Who | What | Deadline |
|---|---|---|
| Seller | File the Notice of Transfer and Release of Liability (REG 138) | Within 5 days |
| Seller | Provide a smog certificate if required | At the sale |
| Buyer | Transfer ownership and pay fees | Within 10 days; penalties after 30 days |
| Dealer | Submit the REG 51 and fees to DMV | Within 30 days without penalty |
How to file the release of liability
- Write down the buyer's name and address, the odometer reading, the sale date and the price.
- File the REG 138 online through DMV, or mail the form to the address printed on it.
- Keep your confirmation or a copy.
- Remove personalized or special-interest plates; they belong to you, not the car.
Source: DMV HTVR 32 (Opens in new window).
For dealers
Dealers report retail sales to DMV on the Report of Sale (REG 51) and have 30 days to submit the transfer paperwork and fees without penalty. When you buy a car from a private seller, make sure the seller files their release, and keep a copy of the signed title in your deal file. See the dealer compliance guide.
From experience (Garrett Eddings, professional opinion): File the release before the buyer's taillights leave the lot. It takes two minutes, and it's the cheapest insurance in this business.
Frequently asked questions
What happens if I don't file a release of liability in California?
You may be held responsible for tickets, tolls, tows and possibly civil liability tied to the car until the buyer transfers it.
Can I file the release of liability online?
Yes. DMV accepts the Notice of Transfer and Release of Liability online, or you can mail the form.
Does the release of liability remove my name from the title?
No. Your name comes off DMV's record when the buyer submits the title and fees and completes the transfer.
Related questions
- How to register a used car in California
- How to sell a motorcycle in California
- How many cars can you sell without a dealer license?
- Back to the California Dealer License FAQ
Resources
- California DMV: How to change vehicle ownership (HTVR 32) (Opens in new window)
- California DMV: Registration fees (Opens in new window)
Sources: DMV HTVR 32 (REG 138 within 5 days; buyer within 10 days; penalties after 30 days) · DMV manual §11.040. Verified 2026-10-16.
This article is for educational purposes only and is not legal advice. The instructor note reflects one instructor's professional opinion.