Private-Party Vehicle Title Transfer Requirements in West Virginia

Short answer The seller endorses an assignment and warranty of title on the West Virginia certificate — including a sworn statement of any liens — and both seller and buyer sign the back of the title; the ordinary title assignment is not notarized, though a bill of sale must be notarized when the price is below half the vehicle's NADA book value. The seller keeps the license plates, notifies the DMV, and avoids later-operation liability once a bona fide sale, delivery of the car, and delivery of the endorsed title are complete. The buyer must apply for a new title and registration before driving — with a 10-day grace to drive under the seller's registration — paying a $15 title fee and 6% titling sales tax and proving West Virginia liability insurance.
State
West Virginia
Statute checked
July 23, 2026
Sources
17 statutes

At a glance

Governing law, agency, and scopeW. Va. Code ch. 17A, arts. 3-4 (§§ 17A-4-1 to -9; 17A-3-4) and the motor-vehicle sales tax at § 11-15-3c; administered by the West Virginia Division of Motor Vehicles (DMV). Covers an ordinary same-state private sale of a currently WV-titled used passenger vehicle.
Title assignment, owner signatures, and lien releaseSeller endorses an assignment and warranty of title on the certificate with a sworn statement of all liens (§ 17A-4-2) and, with the buyer, signs the back of the WV title; co-owners joined by 'and' both sign, 'or'/'and/or' just one (DMV). Seller must deliver the title within 60 days of sale (§ 17A-4-2). A lienholder releases on the title or by legal release or electronic acknowledgment (§ 17A-4-7).
Notarization, witness, or agent verificationNo notary on the ordinary title assignment; the buyer's title application (DMV-1-TR) is signed under penalty of false swearing, not notarized (§ 17A-3-4(a)). A bill of sale must be notarized only when required — when the price is below 50% of NADA Clean Loan Book value — on Form DMV-7-TR with copies of both driver's licenses (DMV).
Bill of sale requirement and contentsNot required for an ordinary transfer. A notarized DMV-7-TR bill of sale (with both parties' license copies) is required only if the purchase price is below 50% of NADA Clean Loan Book value; otherwise it is optional evidence. It supplements — never replaces — the reassigned title and the DMV-1-TR filing (DMV; DMV-7-TR).
Odometer, damage, and title-brand disclosuresFederal odometer disclosure is made on the title's odometer certification and the DMV-1-TR for most passenger vehicles, trucks under 16,000 lbs GVWR, and motorcycles (DMV; DMV-1-TR). No separate ordinary damage form; salvage, reconstructed, flood/fire, and cosmetic-total-loss brands follow § 17A-4-10 and are outside the ordinary transfer.
Seller notice, plate handling, and liabilityRegistration expires on transfer; the seller keeps the plates, must notify the commissioner and surrender the registration card, and may move the plates to another owned vehicle within 60 days for $10 (§ 17A-4-1). No separate report-of-sale form; the seller avoids liability for later negligent operation once there is a bona fide sale, delivery of possession, and delivery of the properly endorsed title (§ 17A-4-9).
Buyer deadline, forms, tax, and feesNo fixed statutory day-count for a resident buyer, but the buyer must obtain title and registration before operating; a private buyer may drive up to 10 days on the seller's registration only while carrying the seller's written consent (§§ 17A-4-3, 17A-3-1). File the reassigned title and DMV-1-TR with proof of WV liability insurance; fees are a $15 title fee, 6% titling sales tax on net price over $500 (or $30 flat if $500 or under), and $10 per lien (§ 11-15-3c(b); DMV).
Inspection, emissions, insurance, and operationWest Virginia has no vehicle emissions/smog program, and no emissions certificate is among the title or registration documents (DMV). Proof of West Virginia liability insurance is certified on the DMV-1-TR (§ 17A-3-4). A current safety-inspection certificate is required to operate — a misdemeanor to drive without one — but it is an operating rule, not a title-transfer step (§ 17C-16-9).
Penalties, rejection, and failed transferFailing to properly endorse and deliver the title is a misdemeanor (§ 17A-4-8); false swearing on the application is a misdemeanor, then a felony on repeat (§ 17A-3-4(e); see § 17A-9-1). Ownership does not change until the buyer applies for and is issued a new title (DMV-7-TR; § 17A-4-6). The DMV can reject the application for a missing reassignment, insurance statement, lien release, required notarized bill of sale, tax, or fee.

Requirements one by one

The title assignment and the DMV filing work together

West Virginia moves ownership through the certificate of title, not the keys or a receipt. Under § 17A-4-2 the seller must "endorse an assignment and warranty of title upon the certificate of title" with a statement of all liens "verified under oath by the owner," and deliver that title to the buyer within 60 days of the sale. The DMV adds the practical step: both the seller and the buyer sign the back of the West Virginia title, and when co-owners are joined by "and" both must sign, while "or" or "and/or" lets one sign.

The buyer then files. Section 17A-4-3 requires the transferee to present the endorsed title and apply for a new title and registration, and § 17A-4-6 has the DMV issue the new title once it is "satisfied as to the genuineness and regularity" of the transfer. A recorded lien is cleared on the title itself, by a separate legal release, or by the lienholder's electronic acknowledgment (§ 17A-4-7).

Notarization depends on the document and the price

The ordinary West Virginia title assignment is not notarized. The buyer's Application for Certificate of Title (DMV-1-TR) is signed "under penalty of false swearing," not before a notary, matching § 17A-3-4(a)'s requirement that the application be "signed and sworn to by the applicant."

A notary enters only through the bill of sale. The DMV requires a notarized bill of sale — its Form DMV-7-TR, with copies of both driver's licenses — only when the purchase price is below 50% of the vehicle's NADA Clean Loan Book value (the DMV uses that figure to check the tax base). Above that line, a bill of sale is optional. Either way, DMV-7-TR states in capital letters that ownership "will not change until the buyer applies for and is issued a certificate of title," so the bill of sale supplements the reassigned title rather than replacing it.

Odometer disclosure

Federal odometer disclosure is made on the title's odometer certification and on the DMV-1-TR, which repeats that "Federal regulations require that you state the odometer mileage upon transfer of ownership." The DMV applies it to most passenger vehicles, trucks under 16,000 pounds GVWR, and motorcycles. Salvage, reconstructed, flood, fire, and cosmetic-total-loss brands run through the separate salvage process in § 17A-4-10(h)-(i) and are outside an ordinary transfer.

The seller keeps the plates and sheds liability by delivering the title

West Virginia plates belong to the owner, not the car. Under § 17A-4-1 the registration expires on transfer; the seller keeps the plates, must "immediately notify the commissioner" and surrender the registration card, and may move the plates to another vehicle he or she owns within 60 days for a $10 fee. There is no separate release-of-liability form. Under § 17A-4-9 the seller is protected from liability for later negligent operation once there has been a bona fide sale, delivery of possession, and delivery of the properly endorsed title — all three.

The buyer's deadline, tax, and fees

West Virginia does not put a fixed day count on a resident buyer, but § 17A-4-3 requires title and registration before operating and allows driving under the seller's registration for "not more than ten days." Section 17A-3-1 — at subsection § 17A-3-1(a) — adds the condition: during those ten days the buyer must "have and display on the demand of any proper officer the consent in writing of such previous owner." The buyer files the reassigned title and the DMV-1-TR with proof of a West Virginia liability policy. The money due is a $15 title fee, the 6% titling sales tax on the net purchase price over $500 (or a $30 flat amount at $500 or under), and a $10 lien fee if there is a lien. The 6% rate is set by § 11-15-3c(b), which raised it from 5% "beginning July 1, 2017"; § 17A-3-4(d) abolished the old DMV privilege tax and routed titling to that sales tax, and § 17A-3-4(e) makes knowingly swearing falsely on the application a misdemeanor, and a felony on a repeat conviction within five years.

Inspection and insurance are operating rules

West Virginia has no emissions or smog-check program, and no emissions certificate appears among the title or registration documents. Insurance, however, is built into the paperwork: the DMV-1-TR certifies that a West Virginia liability policy "is in effect" on the vehicle. Separately, § 17C-16-9 makes it a misdemeanor — fine up to $100 — to operate without a current safety inspection certificate. That inspection is a condition of driving, not a step in transferring the title.

What trips people up

  • Assuming you always need a notary. You do not notarize the ordinary title transfer. The notarized DMV-7-TR bill of sale is required only when the price is below 50% of NADA book value; the buyer's application is a sworn self-certification, not a notarized one.
  • Thinking the plates go with the car. They stay with the seller. Leaving the plates on a sold vehicle, or failing to notify the commissioner, leaves the registration in the seller's name.
  • Treating the sale as final at handshake. Ownership does not change until the buyer applies for and is issued a new title (DMV-7-TR; § 17A-4-6). A signed title sitting in a glovebox is not a completed transfer.
  • Forgetting the seller's 60-day delivery duty. Section 17A-4-2 requires the seller to deliver the endorsed title within 60 days of the sale, and failing to properly endorse and deliver it is a misdemeanor (§ 17A-4-8).

Common questions

Does a West Virginia bill of sale transfer the car by itself? No. Form DMV-7-TR says ownership does not change until the buyer applies for and is issued a certificate of title. The reassigned title is the operative instrument; the bill of sale is supporting evidence and is only mandatory when the price is below half the NADA book value.

Do the seller's and buyer's signatures on the title need to be notarized? No. West Virginia does not notarize the ordinary current-title assignment, and the buyer's DMV-1-TR is signed under penalty of false swearing rather than before a notary.

Do I keep my license plates after I sell? Yes. Plates belong to the owner. Notify the DMV, surrender the registration card, and — if you want — move the plates to another vehicle you own within 60 days for a $10 fee (§ 17A-4-1).

Do I need a safety inspection or emissions test to complete the transfer? Neither is part of titling. West Virginia has no emissions program, and the safety inspection is a requirement for operating the vehicle (§ 17C-16-9), not a document the DMV needs to issue the new title.

Statutes and sources

Source links

Every statute quoted above, linked, with the date we checked it.

W. Va. Code § 17A-4-2 · accessed 2026-07-23
W. Va. Code § 17A-4-3 · accessed 2026-07-23
W. Va. Code § 17A-3-1(a) · accessed 2026-07-23
W. Va. Code § 17A-4-6 · accessed 2026-07-23
W. Va. Code § 17A-4-7 · accessed 2026-07-23
W. Va. Code § 17A-4-1 · accessed 2026-07-23
W. Va. Code § 17A-4-8 · accessed 2026-07-23
W. Va. Code § 17A-4-9 · accessed 2026-07-23
W. Va. Code § 17A-4-10(h)-(i) · accessed 2026-08-15
W. Va. Code § 17A-3-4(a) · accessed 2026-07-23
W. Va. Code § 17A-3-4(d),(e) · accessed 2026-07-23
W. Va. Code § 11-15-3c(b) · accessed 2026-07-23
W. Va. Code § 17C-16-9 · accessed 2026-07-23
This page is general legal information about an ordinary private-party transfer of a currently titled used passenger vehicle, not legal advice about a sale, title defect, lien, tax, registration, or right to operate the vehicle. Dealer, salvage, rebuilt, bonded, lost-title, gift, inheritance, court-order, out-of-state, commercial-vehicle, vessel, trailer, and temporary-permit rules may differ. A bill of sale ordinarily does not replace the endorsed title, required disclosures, seller notice, buyer application, tax, fees, insurance, inspection, or registration. Agency forms and procedures can change without a statutory amendment; use the current official forms and ask the motor-vehicle agency or a qualified attorney about a disputed or high-value transfer.

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