North Dakota: Private-Party Vehicle Title Transfer Requirements
The short answer
In North Dakota the seller endorses an assignment and warranty of title on the certificate of title — filling in the buyer, the selling price, and (for a 2011-or-newer vehicle) the odometer reading, and signing — and delivers the endorsed title to the buyer; no notary is required for the title assignment, and the seller removes the license plates, which belong to the owner rather than the car. Titles and registrations are processed by the state Department of Transportation Motor Vehicle Division, not a county office. The buyer must submit the endorsed title to the Division within 30 days of receiving it with a $5 title fee, a completed motor vehicle purchaser's certificate, proof of at least $25,000/$50,000/$25,000 liability insurance, and the registration fee, and pay a 5% motor-vehicle excise tax on the purchase price in place of sales tax (with gift-between-close-relatives, inheritance, insurance-settlement, and divorce exemptions). North Dakota requires no bill of sale, safety inspection, or emissions test, though a notarized Seller's Certificate and Vehicle Bill of Sale can substitute when no title is available; a transferee who misses the 30-day deadline commits a class B misdemeanor and may have the registration suspended.
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This is the general rule in North Dakota. Ezel applies current North Dakota law to your specific facts and answers with citations to the statutes.
| Governing law, agency, and scope | North Dakota Century Code Title 39, ch. 39-05 (Title Registration), esp. §§ 39-05-02.1, 39-05-05, 39-05-16.1, 39-05-17, and 39-05-17.2, with the 5% motor-vehicle excise tax in ch. 57-40.3 (§§ 57-40.3-02, 57-40.3-04, 57-40.3-05, 57-40.3-08, 57-40.3-11); the Department of Transportation Motor Vehicle Division titles and registers vehicles through its central office, branch sites, and kiosks — not county treasurers. Covers an ordinary same-state private sale of a currently North Dakota-titled used passenger vehicle. Every owner of an untitled in-state vehicle must apply to the department for a certificate of title (§ 39-05-02.1). |
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| Title assignment, owner signatures, and lien release | The owner or transferor 'shall endorse an assignment and warranty of title upon the certificate of title,' filling in the transferee's name and the selling price, and deliver the endorsed title (§ 39-05-17(1)-(2)). On the North Dakota title, Part 1 is signed by the seller(s)/transferor and Part 3 by the new owner(s) (Motor Vehicle Division). Where owners are joined by 'and,' both must sign; joined by 'or,' either may sign; a company-held title must be countersigned by an officer (Division). Any lien on the front of the title must be released — the lienholder executes a release of the security interest (§ 39-05-16.1). Possession or a bill of sale does not substitute for the endorsed title and the buyer's application to the Division. |
| Notarization, witness, or agent verification | None for an ordinary transfer. Section 39-05-17 requires only that the owner 'endorse an assignment and warranty of title upon the certificate of title,' and the Motor Vehicle Division's title-transfer procedure has Part 1 signed by the seller/transferor and Part 3 by the new owner, with no notary or witness step for the assignment or the title application. Notarization appears only on the Seller's Certificate and Vehicle Bill of Sale (SFN 2888), which is signed before a notary and used as substitute proof of ownership when no certificate of title is available — not part of the ordinary titled transfer. |
| Bill of sale requirement and contents | Not required by statute for an ordinary transfer accompanied by the endorsed title. The Division's Seller's Certificate and Vehicle Bill of Sale (SFN 2888) — which must be signed before a notary — is used 'as proof of ownership if no certificate of title is available' (Division manual): a substitute, not an add-on. Separately, every purchaser must complete a motor vehicle purchaser's certificate showing the vehicle description, the seller's and buyer's names and addresses, and the full purchase price (§ 57-40.3-05); the price it reports drives the 5% excise tax, and a gift or nominal price is booked to the average value of similar vehicles (§ 57-40.3-01(5)). |
| Odometer, damage, and title-brand disclosures | The application may require federal odometer disclosure (§ 39-05-05(1)(g), Truth in Mileage Act of 1986), and the Division's title-transfer procedure has the new owner sign certifying the mileage; under the federal 49 CFR 580 overlay a 2011-or-newer vehicle discloses for its first 20 years. Body-damage disclosure is a separate North Dakota mandate: § 39-05-17.2 provides a damage disclosure statement from transferor to transferee and bars the department from transferring title without it, for a vehicle of the current model year or the seven preceding model years where damage equals or exceeds the greater of $10,000 or 25% of predamage retail value. Salvage and rebuilt vehicles use the separate salvage-title process (§ 39-05-20.1) outside this ordinary answer. |
| Seller notice, plate handling, and liability | North Dakota has no report-of-sale or release-of-liability filing. Plates belong to the owner, not the car: the seller removes the license plates when the vehicle is transferred and may apply the unused registration months as a credit toward a replacement vehicle (Division manual). The endorsed-title delivery is the seller's core statutory duty — § 39-05-17(2) requires the owner to 'deliver the endorsed certificate of title to the transferee within thirty days of the date the vehicle was purchased' (the Division manual instructs delivery within 15 days). Keeping a copy of the completed title and the purchaser's certificate is the seller's practical proof of the sale. |
| Buyer deadline, forms, tax, and fees | The buyer must, 'within thirty days of receiving the title,' deliver the endorsed certificate of title to the Motor Vehicle Division with a $5 transfer fee and apply for a new certificate of title (§ 39-05-17(4)); an application received within 30 days of purchase is presumed to be for in-state use (§ 57-40.3-08(2)). Bring the endorsed title, the Application for Certificate of Title & Registration (SFN 2872), a motor vehicle purchaser's certificate (§ 57-40.3-05), photo ID, proof of at least $25,000/$50,000/$25,000 liability insurance, and payment. North Dakota charges no general sales tax on the sale; a 5% motor-vehicle excise tax applies to the purchase price (§ 57-40.3-02), with exemptions for a gift between spouses, parent and child, grandparent and grandchild, or siblings (§ 57-40.3-04(5)(c)), inheritance (§ 57-40.3-04(5)(a)), a vehicle surrendered to an insurer in a claim settlement (§ 57-40.3-04(19)), and a divorce-decree transfer within one year (§ 57-40.3-04(21)). Fees: a $5 title fee (§ 39-05-05(5)) plus weight- and age-based registration. |
| Inspection, emissions, insurance, and operation | North Dakota requires no periodic safety inspection and no emissions or smog test for an ordinary passenger vehicle; titling and registration turn on the endorsed title, the purchaser's certificate, the excise tax, and insurance, not an inspection. Liability insurance is mandatory — state law requires each motor vehicle to carry at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (§§ 26.1-41-02, 39-08-20, 39-16.1-11; Division manual). Because the seller removes the plates, the buyer registers for plates before driving, or may operate on a temporary permit valid 75 days from acquisition while completing registration (Division manual). A VIN/vehicle inspection (SFN 2486) applies to out-of-state or no-title situations, outside this answer. |
| Penalties, rejection, and failed transfer | A transferee who fails to present the endorsed title and apply for a new certificate of title within 30 days may have the vehicle's registration suspended or revoked, and a violation of the transfer section 'by an owner, lienholder, or transferee is a class B misdemeanor' (§ 39-05-17(4)-(5)); the chapter's general penalty is also a class B misdemeanor (§ 39-05-33). Failing to pay the excise tax, or submitting a false or missing motor vehicle purchaser's certificate, is a class B misdemeanor plus a penalty of 5% of the tax (minimum $5) with monthly interest (§ 57-40.3-11). The Division rejects a title with cross-outs, white-out, or alterations, or a filing missing a lien release or required disclosure; a lienholder must first release its interest (§ 39-05-16.1). Seller notice alone does not transfer ownership — only the buyer's completed application does. |
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Requirements one by one
The title assignment and the Motor Vehicle Division filing
North Dakota moves ownership through the certificate of title. Under § 39-05-17(1)
the owner "shall endorse an assignment and warranty of title upon the certificate
of title," filling in the transferee's name and the selling price, and § 39-05-17(2)
has the owner "deliver the endorsed certificate of title to the transferee within
thirty days of the date the vehicle was purchased." On the title itself, Part 1 is
signed by the seller or transferor and Part 3 by the new owner. Where the front
joins owners with "and," both sign; with "or," either may sign; a company title is
countersigned by an officer.
Unlike most states, North Dakota does not process the transfer at a county office.
The buyer submits the endorsed title to the Department of Transportation Motor
Vehicle Division — central office, a branch site, or a kiosk. If the title shows a
lien, the lienholder must first execute a release of the security interest
(§ 39-05-16.1).
No notarization of the title
Nothing in an ordinary North Dakota title assignment is notarized. Section 39-05-17
asks only that the owner endorse the assignment on the certificate, and the Motor
Vehicle Division's title-transfer procedure lists only signatures — the seller on
Part 1, the new owner on Part 3. The only notarized document in the process is the
Seller's Certificate and Vehicle Bill of Sale (SFN 2888), and that form is used
"as proof of ownership if no certificate of title is available" — a substitute for
a missing title, not a step in the ordinary titled sale.
The bill of sale and the purchaser's certificate
North Dakota does not require a bill of sale when the endorsed title accompanies
the transfer. It does require a motor vehicle purchaser's certificate: § 57-40.3-05
has "any person purchasing a motor vehicle" complete a certificate showing the
vehicle, the seller's and buyer's names and addresses, and "the full purchase price
of the vehicle." That price drives the 5% excise tax, and a gift or nominal price
is booked to the average value of similar vehicles (§ 57-40.3-01(5)). The notarized
SFN 2888 comes into play only when the seller cannot furnish the title.
Odometer and body-damage disclosure
The application may carry a federal odometer disclosure (§ 39-05-05(1)(g)), and the
new owner signs certifying the mileage; under the federal 49 CFR 580 overlay a
2011-or-newer vehicle discloses for its first 20 years. North Dakota adds a
body-damage disclosure of its own: § 39-05-17.2 provides a damage disclosure
statement from seller to buyer and bars the department from transferring title
without it, for a vehicle of the current model year or the seven preceding model
years where the damage "equals or exceeds the greater of ten thousand dollars or
twenty-five percent of the predamage retail value." Salvage vehicles use a separate
process.
The seller removes the plates
North Dakota plates belong to the owner, not the car. When the vehicle is
transferred the seller removes the license plates and may carry the unused
registration months as a credit toward a replacement vehicle. There is no
report-of-sale form and no separate release-of-liability filing; delivering the
endorsed title (and keeping a copy of it and the purchaser's certificate) is the
seller's core duty and practical protection.
The buyer's 30 days, 5% excise tax, and fees
The buyer must, "within thirty days of receiving the title," deliver the endorsed
title to the Motor Vehicle Division with a $5 transfer fee and apply for a new
certificate of title (§ 39-05-17(4)); an application received within 30 days of
purchase is presumed to be for in-state use (§ 57-40.3-08(2)). North Dakota charges
no general sales tax on the sale; instead § 57-40.3-02 imposes "an excise tax at the
rate of five percent on the purchase price." Common exemptions cover a gift between spouses, parent and
child, grandparent and grandchild, or siblings (§ 57-40.3-04(5)(c)), inheritance
(§ 57-40.3-04(5)(a)), a vehicle surrendered to an insurer in a claim settlement
(§ 57-40.3-04(19)), and a divorce-decree transfer within one year
(§ 57-40.3-04(21)). Add the $5 title fee (§ 39-05-05(5)) and weight- and age-based
registration, and bring proof of liability insurance.
Inspection, insurance, and driving before you register
North Dakota runs no periodic safety inspection and no emissions test for an
ordinary passenger vehicle — titling and registration turn on the endorsed title,
the purchaser's certificate, the excise tax, and insurance, not an inspection.
Liability insurance is mandatory: state law requires at least $25,000 per person
and $50,000 per accident for bodily injury and $25,000 for property damage
(§§ 26.1-41-02, 39-08-20, 39-16.1-11). Because the seller removes the plates, the
buyer registers for plates before driving, or may operate on a temporary permit
valid 75 days from acquisition while completing registration.
What trips people up
- Thinking the North Dakota title must be notarized. It does not. Only the
SFN 2888 bill-of-sale substitute is notarized, and it is used when there is no
title to sign — the ordinary title assignment takes only signatures. - Looking for a county treasurer. North Dakota titles and registers through
the state Motor Vehicle Division and its branch sites and kiosks, not a county
office. - Missing the 30-day window. A transferee who does not apply within 30 days of
receiving the title may have the registration suspended or revoked, and the
violation is a class B misdemeanor (§ 39-05-17(4)-(5)). - Leaving the plates on the car. Plates stay with the seller, who can credit
the unused months; the buyer needs new plates or a temporary permit before
driving. - Writing a low price to cut tax. The purchaser's certificate reports the full
purchase price, and a gift or nominal figure is booked to average value
(§ 57-40.3-01(5)); a false or missing certificate carries its own penalty, and
non-payment of the excise tax is a class B misdemeanor (§ 57-40.3-11).
Common questions
Does the North Dakota title have to be notarized?
No. The assignment on the title takes only the seller's and buyer's signatures. A
notary appears only on the SFN 2888 bill-of-sale substitute used when no title is
available.
Where do I take the paperwork?
To the Department of Transportation Motor Vehicle Division — its central office, a
branch site, or a kiosk — not a county treasurer.
Is there sales tax on a private car sale?
No general sales tax. North Dakota charges a 5% motor-vehicle excise tax on the
purchase price (§ 57-40.3-02), with gifts between close relatives, inheritances,
insurance settlements, and divorce transfers exempt.
How long does the buyer have, and what happens if I'm late?
Thirty days from receiving the title to apply (§ 39-05-17(4)). Miss it and the
registration can be suspended or revoked, and the violation is a class B
misdemeanor.
Statutes and sources
- N.D.C.C. § 39-05-17 — the transfer: the owner's endorsed assignment and
warranty of title, delivery within 30 days, the buyer's 30-day application and $5
fee, registration suspension, and the class B misdemeanor.
https://ndlegis.gov/cencode/t39c05.pdf (accessed 2026-07-23) - N.D.C.C. § 39-05-02.1 — certificate of title required for an untitled in-state
vehicle.
https://ndlegis.gov/cencode/t39c05.pdf (accessed 2026-07-23) - N.D.C.C. § 39-05-05 — application contents, federal odometer authority, and
the $5 title fee.
https://ndlegis.gov/cencode/t39c05.pdf (accessed 2026-07-23) - N.D.C.C. § 39-05-16.1 — lienholder release of the security interest.
https://ndlegis.gov/cencode/t39c05.pdf (accessed 2026-07-23) - N.D.C.C. § 39-05-17.2 — body-damage disclosure for the current and seven
preceding model years.
https://ndlegis.gov/cencode/t39c05.pdf (accessed 2026-07-23) - N.D.C.C. § 39-05-33 — general penalty (class B misdemeanor).
https://ndlegis.gov/cencode/t39c05.pdf (accessed 2026-07-23) - N.D.C.C. §§ 57-40.3-01, -02, -04, -05, -08, -11 — the 5% motor-vehicle excise
tax, purchase-price definition, exemptions, purchaser's certificate, the 30-day
presumption, and penalties.
https://ndlegis.gov/cencode/t57c40-3.pdf (accessed 2026-07-23) - North Dakota DOT — Motor Vehicle Registration Manual — the title-transfer
procedure, plate-with-owner credit, liability-insurance minimums, and the SFN
2888 substitute.
https://www.dot.nd.gov/sites/www/files/documents/Motor%20Vehicle%20Services/registration-manual.pdf (accessed 2026-07-23)
Source links
Every statute quoted above, linked, with the date we checked it.
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