Georgia: Private-Party Vehicle Title Transfer Requirements
The short answer
The seller signs and dates the assignment and warranty of title on the back of the certificate, enters the odometer reading, and releases any recorded lien; the buyer then takes the assigned title, Form MV-1, proof of insurance, and ID to the county tag office and applies for a new title within 30 days, paying the one-time Title Ad Valorem Tax (TAVT). Georgia does not notarize its own titles, and for a vehicle model-year 1986 or newer a bill of sale is not required because the assigned title controls. License plates belong to the owner, so the seller removes the plate before delivery and the buyer registers for a tag.
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This is the general rule in Georgia. Ezel applies current Georgia law to your specific facts and answers with citations to the statutes.
| Governing law, agency, and scope | O.C.G.A. §§ 40-3-32, 40-3-25; administered by the Georgia Department of Revenue Motor Vehicle Division through county tag offices. Ordinary same-state private ('casual') sale of a currently titled Georgia used passenger vehicle. |
|---|---|
| Title assignment, owner signatures, and lien release | Seller executes the assignment and warranty of title on the certificate at delivery (§ 40-3-32(a)); willful failure to deliver a properly assigned title is a misdemeanor plus civil liability for damages and attorney's fees. Georgia does not recognize 'or' ownership, so every owner named on a Georgia title signs (DOR). Recorded liens must be released on the title or by an original lien release (DOR). |
| Notarization, witness, or agent verification | None for a Georgia title. The Department of Revenue's casual-sale document list requires only the buyer's and seller's signatures on the back-of-title assignment—no notary or witness. An out-of-state title is notarized only if that state required it (DOR). |
| Bill of sale requirement and contents | Not required for a titled vehicle; the assigned title controls. A bill of sale is required in lieu of a title only for a vehicle model-year 1985 or older that carries no title (DOR). Otherwise a bill of sale (Form T-7) is optional evidence and does not replace the assigned title, MV-1, and county-tag filing. |
| Odometer, damage, and title-brand disclosures | The seller enters the odometer reading on the certificate of title when executing the assignment and warranty of title (§ 40-3-25); vehicles over 16,000 lbs GVWR are exempt. Odometer tampering is separately penalized (§ 40-8-5). Salvage/rebuilt vehicles use a separate salvage-title process (§ 40-3-36) and are out of scope. |
| Seller notice, plate handling, and liability | Georgia has no separate seller report-of-sale filing. The seller's protection is delivering a properly assigned title—failing to is a misdemeanor and civil liability (§ 40-3-32(a))—and removing the license plate, because plates belong to the owner, not the vehicle; the seller may reuse a still-valid tag on another vehicle for a $5 transfer (DOR). Until the buyer titles, an unbroken chain requires the assigned certificate (§ 40-3-32(d)). |
| Buyer deadline, forms, tax, and fees | Buyer applies at the county tag office so the title application is received within 30 days of transfer (§ 40-3-32(b)) with the assigned title, Form MV-1, proof of insurance, and ID (DOR). Pays the one-time Title Ad Valorem Tax—currently 7.0% of the vehicle's state-assessed fair market value (0.5% qualifying family transfer)—plus an $18 title fee and $20 tag fee (DOR). |
| Inspection, emissions, insurance, and operation | No statewide safety inspection. Emissions testing is required for registration only in 13 metro-Atlanta counties for gasoline cars/light trucks (8,500 lbs GVWR or less) of covered model years—for 2026 registration, model years 2002-2023, with the three newest model years and vehicles 25+ years old exempt (Georgia's Clean Air Force). Minimum liability insurance is mandatory; driving without it or without proof in the vehicle is a misdemeanor (§ 40-6-10). |
| Penalties, rejection, and failed transfer | A title application received after 30 days owes a $10 penalty on top of the title fee (§ 40-3-32(b)); late TAVT adds 10% plus 1% per month (DOR county-tag guidance). Rejected documents get 60 days to resubmit; miss that and a second $10 penalty applies and the plate is pulled (§ 40-3-32(b)). Delivering or accepting a title assigned in blank is a misdemeanor (§ 40-3-91). A missing lien release, signature, odometer entry, insurance proof, or emissions certificate stops issuance. |
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Requirements one by one
The seller assigns the title; the buyer files at the county tag office
Georgia titles run through the Department of Revenue's Motor Vehicle Division,
but you transact at your county tag office. Under O.C.G.A. § 40-3-32(a), when an
owner sells the car the owner must "execute an assignment and warranty of title
to the transferee in the space provided therefor on the certificate of title"
and deliver it. This is a real duty with teeth: a seller who "willfully fails to
deliver the properly assigned certificate of title" is "guilty of a misdemeanor"
and is "civilly liable to the transferee for all damages, including reasonable
attorney's fees."
The buyer's job is separate. Section 40-3-32(b) requires the buyer to apply for
a new title at the county tag agent "so that the title application shall be
received within 30 days from the date of the transfer of the vehicle." The
Department of Revenue's casual-sale checklist lists what to bring: the assigned
title, Form MV-1, proof of insurance, and a Georgia driver's license or ID.
As between the buyer and seller, ownership can pass on delivery of the assigned
title, but § 40-3-32(d) is explicit that as to everyone else "no purchaser or
transferee shall acquire any right, title, or interest" in the vehicle "unless
and until he shall obtain from the transferor the certificate of title thereto,
duly transferred." That is why getting the properly assigned certificate — not
just a receipt — is what protects the buyer.
No notary, and no bill of sale for a titled vehicle
Georgia does not notarize its own titles. The Department of Revenue's casual-sale
document list requires only that the "Title assignment form on back [be]
completed and signed by buyer and seller" — no notary or witness. An out-of-state
title is notarized only if the issuing state required it.
A bill of sale is not the transfer instrument for a titled car. The Department of
Revenue requires one "if the vehicle is 1985 or older and does not require a
title." For a 1986-or-newer vehicle the assigned title controls; a bill of sale
(Form T-7) is useful evidence of price and date but does not replace the title,
MV-1, and tag-office filing.
Every owner signs, and liens must be released
Georgia "does not recognize 'or' as ownership." If two names appear on a Georgia
title, both must sign as seller. Before money changes hands, confirm any recorded
lien is cleared: the Department of Revenue requires that "all recorded liens
and/or security interests against the previous owner must be released in the
spaces provided on the title," or by an original lien release from the
lienholder.
Odometer entry is on the title
Section 40-3-25 requires that "[w]hen the owner of a motor vehicle sells or
transfers such motor vehicle, such owner shall enter on the certificate of title
the mileage as shown on the odometer ... at the time such owner executes the
assignment and warranty of title." Heavy vehicles over 16,000 pounds GVWR are
exempt. Odometer tampering is separately penalized under § 40-8-5.
The tax is TAVT, not sales tax
Georgia replaced sales and annual ad valorem tax on most vehicles with a
one-time Title Ad Valorem Tax. The Department of Revenue states "[t]he current
TAVT rate is 7.0% of the fair market value of the vehicle," paid "every time
vehicle ownership is transferred." It is based on the state's valuation manual,
so a low declared price does not reduce it. A qualifying immediate-family
transfer pays a reduced 0.5% rate. The title fee is $18 and the tag fee is $20.
What trips people up
- The plates go with the seller, not the car. In Georgia the license plate
belongs to the owner. The seller removes it before delivery and may reuse a
still-valid tag on another vehicle for a $5 transfer. The buyer needs their own
tag, which the county issues at titling — a signed title is not permission to
drive on the seller's plate. - Thirty days, and the clock is statutory. Section 40-3-32(b) sets a 30-day
deadline; filing late adds a $10 penalty to the title fee, and late TAVT adds
10% plus 1% interest per month. If the tag office rejects your documents, you
get 60 days to fix them before a second $10 penalty and loss of the plate. - Never sign or accept a title left blank. Delivering or accepting "a
certificate of title assigned in blank" is a misdemeanor under § 40-3-91. Fill
in the buyer as transferee before signing. - Emissions can be a registration gate in metro Atlanta. In 13 named counties,
a gasoline car or light truck of a covered model year must pass an emissions
test before it can be registered; the three newest model years and vehicles 25
years or older are exempt, as are diesels, motorcycles, and RVs.
Common questions
How long does the buyer have to title the car?
The title application must be received within 30 days of the sale
(§ 40-3-32(b)). Missing that adds a $10 title penalty and late-TAVT charges.
Is a bill of sale required?
Not for a 1986-or-newer titled vehicle; the assigned title controls. A bill of
sale is required only for a 1985-or-older vehicle with no title, and is otherwise
just useful evidence.
Does the buyer keep the seller's license plate?
No. Plates belong to the owner. The seller takes the plate off; the buyer gets a
tag when they title and register at the county tag office.
What is TAVT and who pays it?
The Title Ad Valorem Tax is a one-time tax — currently 7.0% of the vehicle's
state-assessed fair market value — paid by the buyer at titling. A qualifying
family transfer pays 0.5%.
Statutes and sources
- O.C.G.A. § 40-3-32 — owner's assignment and warranty of title, the
misdemeanor and civil liability for failing to deliver it, the buyer's 30-day
application deadline, the $10 late penalty, the 60-day resubmission rule, and
when a transfer is effective.
https://unicourt.github.io/cic-code-ga/transforms/ga/ocga/r86/gov.ga.ocga.title.40.html (accessed 2026-07-23) - O.C.G.A. § 40-3-25 — entry of the odometer reading on the title and the
heavy-vehicle exemption.
https://unicourt.github.io/cic-code-ga/transforms/ga/ocga/r86/gov.ga.ocga.title.40.html (accessed 2026-07-23) - O.C.G.A. § 40-3-91 — misdemeanor for delivering or accepting a title
assigned in blank.
https://unicourt.github.io/cic-code-ga/transforms/ga/ocga/r86/gov.ga.ocga.title.40.html (accessed 2026-07-23) - O.C.G.A. § 40-6-10 — minimum liability insurance requirement and the
penalty for operating without it or its proof.
https://unicourt.github.io/cic-code-ga/transforms/ga/ocga/r86/gov.ga.ocga.title.40.html (accessed 2026-07-23) - Georgia Department of Revenue — Title and Register a Vehicle Purchased in a
Casual Sale — required documents, MV-1, insurance, emissions, and fees.
https://dor.georgia.gov/motor-vehicles/title-motor-vehicles/title-and-register-vehicle-purchased-casual-sale (accessed 2026-07-23) - Georgia Department of Revenue — Vehicle Taxes: Title Ad Valorem Tax (TAVT)
— the current 7.0% rate, one-time-at-titling nature, and the 0.5% family rate.
https://dor.georgia.gov/motor-vehicles/vehicle-registration-license-plates/vehicle-taxes-title-ad-valorem-tax-tavt-and (accessed 2026-07-23) - Glynn County Tax Commissioner — Types of Title Transfer — co-owner
signatures, plate removal and reuse, and the TAVT late-penalty schedule.
https://glynntaxoffice.org/motor_vehicles/title_a_vehicle/title_transfers.php (accessed 2026-07-23) - Georgia's Clean Air Force — Before You Test — the 13 covered counties,
covered model years, and exemptions.
https://cleanairforce.com/motorists/before-you-test (accessed 2026-07-23)
Source links
Every statute quoted above, linked, with the date we checked it.
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