How To Sell a Car in West Virginia

Selling a motor vehicle in West Virginia requires compliance with state regulations governing title transfer, ownership documentation, odometer disclosure, sales taxation, and vehicle registration. Both private-party sellers and those transacting through dealers must adhere to procedures established by the West Virginia Division of Motor Vehicles (DMV) within the Department of Transportation.

What You Need To Know Before Selling a Car in West Virginia

Title Law and Ownership Requirements

Under West Virginia Code Section 17A-3-4, motor vehicles, trailers, recreational vehicles, and all-terrain vehicles must be titled in West Virginia. The certificate of title establishes legal ownership and is required before a private vehicle sale can be completed. The owner must ensure the title is properly issued in their name and that all information is accurate. If the vehicle is owned jointly with another person, the ownership designation determines how many signatures are required for transfer: if the names are joined by "AND," both owners must sign title documents for the sale to be valid; if the names are joined by "OR" or "AND/OR," either owner may sign as the seller.

Vehicles Exempt From Title Requirements

Under West Virginia Code Section 17A-3-2, most motor vehicles require title and registration, but certain categories are exempt. Farm vehicles and implements of husbandry used exclusively for agricultural purposes are exempt when operated on public highways within thirty-five miles to cross from one portion of the owner's land to another, as are farm trailers used for moving farm produce and livestock during seasonal operations. Vehicles owned by the United States government, the State of West Virginia, or any political subdivision thereof, vehicles propelled by electric power from overhead trolley wires, and wrecked or disabled vehicles towed by licensed wreckers are also exempt.

For vehicles exempt from title requirements, a bill of sale prepared and signed by both buyer and seller serves as documentation of the sale and transfer of ownership, and both parties should retain copies as proof of the transaction.

Satisfying an Existing Lien

If a lien is recorded on the vehicle's title, the lienholder must release the lien before the vehicle can be sold free and clear. The Division of Motor Vehicles is not automatically notified when a financial institution releases a lien. After the final payment is made, the lienholder will return the title to the owner with the lien marked as released. The seller should submit an application for a clear duplicate title to the Division of Motor Vehicles to officially remove the lien from the department's records. If the title is lost and a lien remains on record, a notarized lien release statement from the lienholder is required before a clear duplicate title can be issued.

Vehicle Inspection and Emissions Requirements

West Virginia law does not require a private-party seller to obtain a safety inspection or emissions test before completing a vehicle sale. Vehicle inspections are registered with the Division of Motor Vehicles and are required only for operation on public highways, not as a condition of transfer. Emissions testing is not required in West Virginia.

Odometer Disclosure Requirements

At the time of title transfer, the seller must accurately record the vehicle's current odometer reading. Odometer disclosure is mandatory for most motor vehicle classes sold or transferred in West Virginia. The federal Truth in Mileage Act of 1986 requires disclosure for vehicles with model year 2011 or newer for a period of 20 years from the date of manufacture. West Virginia law does not exempt vehicles based on age alone; instead, exemptions apply only to specific vehicle classes.

Documents Required To Sell a Car in West Virginia

Certificate of Title

The certificate of title is the primary legal document establishing vehicle ownership and is required for all private motor vehicle sales in West Virginia. The seller must complete the assignment section on the reverse of the title by entering the buyer's full legal name and address, the date of sale, the odometer reading (if applicable for the vehicle class), and the purchase price. The seller must sign the title exactly as the name appears on the face of the title. If two owners are listed on the title joined by "AND," both owners must sign. If joined by "OR" or "AND/OR," only one owner's signature is required.

The West Virginia Division of Motor Vehicles does not require title assignments to be notarized. However, the original title document must be presented unaltered. The Division will not accept titles altered with correction fluid, erasure, or similar means. If a title is lost, the seller must first obtain a Duplicate Title (Form DMV-4-TR) before executing the transfer.

The buyer must present the properly assigned title to the Division of Motor Vehicles within thirty days of purchase to apply for a new certificate of title. Delivery of the assigned certificate does not transfer title; title passes only upon issuance of a new certificate in the buyer's name.

Bill of Sale

West Virginia requires a bill of sale for private motor vehicle sales. The official form is the Bill of Sale (Form DMV-7-TR), which must be completed in full and signed by both the seller and the buyer. The bill of sale must contain the following information:

• Full legal name and complete physical address of the seller
• Full legal name and complete physical address of the buyer
• Date of sale
• Complete vehicle identification number (VIN)
• Vehicle make, year, and model
• Vehicle body type
• Purchase price of the vehicle
• Odometer reading (if applicable)

Both parties must sign and print their names on the form. The bill of sale must be accompanied by copies of both the buyer's and the seller's driver's licenses. If the purchase price listed on the title differs from the purchase price stated on the bill of sale, the Division of Motor Vehicles will reject the application. The original owner will be required to apply for a duplicate title and restart the process.

When the purchase price is below 50% of the current NADA Clean Loan Book value for a vehicle purchased from a private individual, a notarized bill of sale must accompany the title application. Copies of the signed bill of sale should be retained by both parties.

Odometer Disclosure Statement

For vehicle classes requiring odometer disclosure, the seller must record the odometer reading on the certificate of title, on a Dealer Reassignment Form if applicable, or on the Odometer Disclosure Statement (Form DMV-TM-1). The seller must certify the status of the odometer reading at the time of transfer by marking one of the following:

• Actual Mileage
• Mileage Exceeds Mechanical Limits
• Not Actual Mileage
• Exempt

The odometer disclosure must be completed and signed by the seller at the time of transfer. Recording false odometer information is a federal crime under the Truth in Mileage Act and may result in civil and criminal penalties.

Affidavit of Transfer of Ownership Without Consideration

If the vehicle is transferred as a gift or for no monetary consideration and the parties are not eligible for the family exemption under West Virginia Code Section 17A-3-4(2), the Affidavit of Transfer of Ownership Without Consideration (Form DMV-5-TR) must be completed and signed by both the original owner and the new owner. The affidavit must be notarized. The form must be completed in its entirety, including contact information. Incomplete affidavits will be returned by the Division of Motor Vehicles.

A title application listing a purchase price cannot be submitted with an affidavit indicating no consideration was exchanged. If conflicting statements are submitted, the application will be rejected, and the original owner must apply for a duplicate title with the correct disclosure.

How To Transfer a Car Title in West Virginia

Step 1: Review the Title Before the Sale

Before listing the vehicle for sale, the seller should review the title to ensure all information is accurate and matches the vehicle being sold. The VIN on the title must match the VIN on the vehicle itself. The seller should confirm that the title is in their name and that no liens remain on record. If the title is lost, the seller must obtain a Duplicate Title (Form DMV-4-TR) from the Division of Motor Vehicles prior to executing the sale. If a lien is shown on the title, the seller must contact the lienholder to obtain a lien release or satisfy the debt before the vehicle can be transferred. The odometer reading on the title should be noted; the vehicle's current odometer cannot read lower than the last recorded mileage.

Step 2: Complete the Title Assignment

The seller completes the assignment section on the reverse of the original title by entering the buyer's full legal name and complete address, the date of sale, the purchase price, the current odometer reading (if required for the vehicle class), and the seller's signature printed exactly as it appears on the face of the title. All information must match supporting documentation. Both owners must sign if the title shows joint ownership with "AND" between names. Only one owner's signature is required if the names are joined by "OR" or "AND/OR." The title must not be altered and must remain in clean condition.

Step 3: Prepare the Bill of Sale and Required Disclosures

The seller and buyer jointly complete and sign the Bill of Sale (Form DMV-7-TR). The form must include both parties' full legal names and complete addresses, the date of sale, the vehicle's VIN, make, year, model, body type, sale price, and odometer reading. Copies of both the buyer's and seller's driver's licenses must accompany the bill of sale when submitted with the title application. If the sale involves no monetary consideration and is not between eligible family members, the Affidavit of Transfer of Ownership Without Consideration (Form DMV-5-TR) must be completed, signed by both parties, and notarized.

For vehicles requiring odometer disclosure, the odometer reading, vehicle class, and mileage status must be recorded. If the title does not contain a designated section, the Odometer Disclosure Statement (Form DMV-TM-1) may be used.

Step 4: Remove License Plates

Before transferring the vehicle to the buyer, the seller must remove the license plate(s) from the vehicle. License plates remain the property of the seller's registration and do not transfer with the vehicle. The seller may retain the plate for use on another vehicle or may surrender it to a DMV Regional Office for a receipt documenting surrender.

Step 5: Deliver Documents and the Vehicle to the Buyer

At the time of sale, the seller delivers the following documents to the buyer:

• The original certificate of title with the assignment section properly completed and signed
• A signed copy of the Bill of Sale (Form DMV-7-TR) along with copies of both parties' driver's licenses
• The completed Odometer Disclosure Statement (Form DMV-TM-1), if required for the vehicle class
• The Affidavit of Transfer of Ownership Without Consideration (Form DMV-5-TR), if applicable

Both parties should retain copies of all completed paperwork for their records.

Step 6: Buyer Applies for New Certificate of Title

The buyer must apply for a new certificate of title within thirty days of the purchase date. The buyer presents the properly assigned original title, bill of sale, driver's license copies, and the completed application to a DMV Regional Office or a privately owned license services agent located in most West Virginia communities. The buyer submits the Application for Certificate of Title for a Motor Vehicle (Form DMV-1-TR) along with payment for title fees, sales tax, and any applicable lien fees. Until a new title is issued in the buyer's name, the buyer may operate the vehicle under the seller's registration for up to 10 days.

Title Transfer Fee Schedule in West Virginia

The following fees apply to motor vehicle title transactions processed by the Division of Motor Vehicles:

In addition to state fees, private license service agents typically charge processing fees for applications. The buyer is also responsible for paying sales tax on the purchase price at the time of the title application.

Sales Tax on Private Vehicle Sales

Private vehicle sales in West Virginia are subject to a state automotive sales tax. Under West Virginia Code Section 11-15-3C, the tax rate is applied to the sale price at the time the buyer applies for title registration.

For vehicles with a net purchase price exceeding $500, the buyer pays 6% sales tax on the purchase price. For vehicles with a net purchase price of $500 or less, the buyer pays a flat fee of $30 instead of the percentage-based tax.

The buyer is responsible for paying sales tax to the Division of Motor Vehicles at the time of the title application. No local city or county sales tax applies to motor vehicle titles in West Virginia.

For vehicles purchased from a private individual at a price below 50% of the current NADA Clean Loan Book value, a notarized bill of sale must accompany the title application, or the tax will be assessed at the NADA Clean Loan Book value instead of the stated purchase price. For vehicles two years old or newer purchased from a private individual, the tax is assessed on the current NADA Clean Loan Book value, regardless of the stated purchase price, and a notarized bill of sale will not allow the buyer to claim the lower sale price for tax purposes.

What To Do After Selling Your Car in West Virginia

Remove License Plates

The seller must remove license plates from the vehicle before transferring it to the buyer. West Virginia license plates remain the property of the registered owner and do not transfer with the vehicle. Plates may be retained for transfer to another vehicle or surrendered to a DMV Regional Office for documentation of surrender.

File a Sold Vehicle Notice

Although not required by law, the seller may file a Sold Vehicle Notice (Form DMV-1-S) with the Division of Motor Vehicles to notify the department that the vehicle has been sold and to limit liability for traffic violations or other infractions occurring after the sale. The form should be completed with the buyer's information, date of sale, and submitted to the Division's Insurance Program.

Sold Vehicle Notices may be mailed to:

WV Department of Transportation
Division of Motor Vehicles Insurance
P.O. Box 17020
Charleston, WV 25317

Cancel or Transfer Insurance

The seller should contact their automobile insurance provider to cancel coverage for the sold vehicle or to transfer the policy to a replacement vehicle. Maintaining insurance on a vehicle no longer owned is unnecessary under West Virginia's mandatory liability insurance requirements and may result in avoidable premium charges. If an insurance verification notice is received from the Division of Motor Vehicles after the sale, the seller should provide the department with documentation of the sale (bill of sale, title assignment, or notice of sale) to complete the registration cancellation process.

Retain Copies of Sale Documents

The seller should retain copies of the completed bill of sale, the title assignment, the odometer disclosure statement, and any other transaction documents for a minimum of three years. These documents may be needed to prove the sale in the event of future liability disputes or to respond to notices from the Division of Motor Vehicles or law enforcement.

Contact Information

West Virginia Division of Motor Vehicles
5707 MacCorkle Avenue SE, Charleston, WV 25317
Phone: (304) 926-0799
Official Website: West Virginia Division of Motor Vehicles