What this form is and why you need it

The California DMV Notice of Transfer and Release of Liability (Form REG 138) is the official document you file when you sell or give away a vehicle to protect yourself from liability for anything that happens to the car after it leaves your hands. It tells the state that you no longer own the vehicle and removes you from the registration records as of the date you submit it.

Without this form, you remain the registered owner in the DMV's system. That means if the new owner gets into an accident, racks up parking tickets, or uses the car in a crime, those notices and liability can still come to you. Filing this form creates a paper trail showing the state exactly when your ownership ended.

The form works in two directions: it protects you from future liability, and it notifies the DMV that the buyer now owns the vehicle. The buyer then has a window to register it in their name. If they don't, you're still on the hook.

Key Takeaways

  • You must file the Notice of Transfer and Release of Liability within 5 days of selling or transferring a vehicle, or you remain liable for anything that happens to it afterward.
  • The form protects you only from the date you file it; events that occur before filing are still your responsibility as the registered owner.
  • You can file by mail, in person at a DMV office, or online through the California DMV website if you have the buyer's information.
  • Keep a copy of the filed form and the DMV's receipt as proof you reported the transfer, in case a ticket or accident notice arrives later.
  • If the buyer never registers the vehicle and it's involved in an incident, you may still be contacted unless you can prove you filed the transfer form on time.

When you must file this form

You file the Notice of Transfer and Release of Liability whenever ownership of the vehicle changes hands. This includes selling the car to another person, donating it to a charity, trading it in at a dealership, or giving it to a family member. The important date is 5 days from the date of sale or transfer.

If you sell the vehicle through a dealership, the dealer typically handles the filing on your behalf as part of the sale process. You should still ask them to confirm they've submitted it and request a copy for your records. If you sell privately or donate the vehicle, you are responsible for filing.

The 5-day window is strict. Filing after that important date doesn't erase your liability for events that occurred during the gap. For example, if you sell a car on January 1st but don't file the form until January 10th, and the new owner gets a speeding ticket on January 6th, you could still be held responsible because you were the registered owner at that time.

How to complete and file the form

Form REG 138 is straightforward. You'll need your vehicle's license plate number or VIN, the date of transfer, and the buyer's name and address. If you're selling to a private party, you also need their driver's license number or ID number. If you're donating to a charity, you need the charity's name and address.

You have three ways to file: mail the completed form to the DMV address listed on the form itself, submit it in person at any DMV office, or file online through the California DMV website if you have the buyer's information and a valid email address. Online filing is the fastest and gives you when ready confirmation.

If you file by mail, send it certified mail with return receipt so you have proof of the date you mailed it. The DMV processes mail submissions, but there's a delay. If you file in person, you get a receipt when ready. Keep that receipt or your online confirmation—it's your proof that you met the important date if a problem arises later.

What happens after you file

Once the DMV receives your form, you are released from liability as of the filing date. The buyer then has 10 days to register the vehicle in their name. During that 10-day window, the vehicle is technically unregistered, but the transfer is on record with the state.

If the buyer registers the vehicle within that window, the transfer is complete and you have no further connection to it. If the buyer doesn't register it—either because they forgot, lost interest, or the sale fell through—the vehicle remains in limbo. You are protected from liability because you filed the transfer form, but the buyer is driving an unregistered vehicle, which is illegal in California.

If an accident or citation occurs after you've filed the form, the DMV's records show you are no longer the owner. However, law enforcement or insurance companies may still contact you initially because your name was on the registration at the time of purchase. That's why keeping your filed form and receipt is critical—you can show them proof that you transferred ownership on a specific date.

What to do if you never received the buyer's information

Sometimes a private sale happens quickly and you don't get the buyer's full name or address. You can still file the form with whatever information you have—the date of sale, the vehicle's VIN or license plate, and your own details. The DMV will process it based on the vehicle identification alone.

This partial filing still protects you from liability as of the filing date. It tells the state that you no longer own the vehicle, even if the buyer's identity isn't fully documented. The downside is that the buyer may not know they need to register it, or the DMV may have trouble matching the transfer to their registration if they do. But you have met your legal obligation by filing.

For future sales, always get the buyer's name, address, and phone number before handing over the keys. It takes two minutes and prevents confusion later.

Common problems and what they mean

The most common problem is filing too late. If you sell a car on a Friday and don't file until the following Thursday, you've missed the 5-day window. You're still protected from liability going forward, but you're liable for anything that happened during those extra days. If the buyer got a ticket on day 6, you could receive the notice.

Another problem is the buyer never registering the vehicle. You filed the transfer form, so you're off the hook legally. But if the buyer is pulled over or involved in an accident while the car is still unregistered, law enforcement will run the plates and find your name. You'll need to show them your filed transfer form to prove you're not the current owner. This is why keeping that receipt is essential.

A third issue is filing the form but the DMV losing it or processing it incorrectly. This is rare, but it happens. If you file by mail and never receive confirmation, follow up with the DMV by phone or in person within a week. If you file online, you get when ready confirmation, which is why online filing is the safest method.

Protecting yourself after the sale

File the form as soon as possible after the sale—don't wait until day 5. The sooner the DMV has it on record, the sooner you're protected. Keep the receipt or confirmation email in a safe place for at least three years. If a ticket or accident notice arrives after you've sold the vehicle, you can respond with a copy of your filed transfer form and the DMV will investigate.

If you're selling privately, consider taking a photo of the buyer's driver's license and having them sign a bill of sale that includes the date of transfer. This creates a paper trail that backs up your DMV filing. It's not required, but it's helpful if there's ever a dispute about when the transfer occurred.

If you're donating the vehicle, the charity will usually handle the filing, but confirm this in writing before you hand over the keys. Ask for a receipt or letter stating the date they received the vehicle. This serves the same purpose as the DMV receipt—proof of when your ownership ended.

Frequently Asked Questions

What if I sell the car but the buyer never registers it and gets into an accident?

You are protected from liability if you filed the Notice of Transfer and Release of Liability on time. The DMV's records show you are no longer the owner as of your filing date. However, you may still be contacted initially because your name was on the registration. Respond with a copy of your filed form and the DMV will correct the record. The buyer is driving illegally without registration, which is their problem, not yours.

Can I file this form online?

Yes. The California DMV website allows online filing if you have the buyer's information and a valid email address. You'll receive when ready confirmation, which is the fastest and safest method. You can also file by mail or in person at any DMV office.

What if I lost the receipt showing I filed the form?

Contact the California DMV and request a copy of your transfer filing. You can do this by phone, mail, or in person. Provide your name, the vehicle's VIN or license plate, and the approximate date you filed. The DMV can confirm whether the form was received and processed, and they can issue you a new receipt.

Do I need to file this form if I trade the car in at a dealership?

No. The dealership handles all the paperwork when you trade in a vehicle. They file the transfer form on your behalf as part of the sale process. Ask them to confirm they've submitted it and request a copy for your records, but you are not responsible for filing it yourself.

What happens if I file the form but put the wrong date?

Contact the DMV when ready and request a correction. The date matters because it determines when your liability ends. If you put the wrong date, your protection date is wrong, and you could be held liable for events that occurred before the corrected date. The DMV can amend the filing if you catch the error quickly.