Guide to OHV Titling in Nevada
--- When Purchasing OHV's From Private Party Sellers ---
Becoming a resource for the local dirtbike community for titling and registration issues has really brought to the surface the widespread misinformation and misunderstandings that so many people have in the world of paperwork for off-highway vehicles. As such, I wanted to create this guide for purchasing OHV’s from private parties to help as many good people as possible avoid some common pitfalls and give further clarity to how to do your paperwork right.
This article is written specifically about Nevada OHV titling and registration laws and procedures. Each state has their own laws and procedures for the OHV titling and registration process. Therefore, you shouldn’t apply what you know or hear about OHV procedures in other states to Nevada, and vice versa. If you don’t live in Nevada, none of the information in this article will apply.
Final Disclaimer: Nothing in this article should be construed as legal advice.
This article is written specifically about Nevada OHV titling and registration laws and procedures. Each state has their own laws and procedures for the OHV titling and registration process. Therefore, you shouldn’t apply what you know or hear about OHV procedures in other states to Nevada, and vice versa. If you don’t live in Nevada, none of the information in this article will apply.
Final Disclaimer: Nothing in this article should be construed as legal advice.
Title vs. Registration
A Certificate of Title is a document issued by the authority of the DMV for anything with a VIN (cars, motorcycles, trailers… and OHV’s) which evidences the legal ownership of that vehicle.
OHV Registration is an annual fee (currently $20.00) paid in exchange for a sticker which is applied to the OHV, which allows the OHV to be operated on public lands (aka: BLM land and Forest Service land). Unlike a street legal vehicle registration, you can register your OHV without a title or proof of ownership. There are tons of great reasons to register, but this post is dedicated to why you should be titling, how to do it right, and how to avoid problems. For all purposes, OHV registration does not substantiate ownership.
OHV Registration is an annual fee (currently $20.00) paid in exchange for a sticker which is applied to the OHV, which allows the OHV to be operated on public lands (aka: BLM land and Forest Service land). Unlike a street legal vehicle registration, you can register your OHV without a title or proof of ownership. There are tons of great reasons to register, but this post is dedicated to why you should be titling, how to do it right, and how to avoid problems. For all purposes, OHV registration does not substantiate ownership.
Part 1: Why You Should Title Your OHV
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Many folks aren’t used to associating titles with off-road vehicles because Nevada did not begin titling OHV’s until 2012. Prior to 2012, titles were exclusive to street-legal vehicles. But titling OHV’s has been a thing for nearly a decade now and it’s here to stay, so it’s time to get with the program.
Consider why you would not want to buy a car without a title. Or buy a house without a seller signing over a Deed. Your reason is probably that you are making a large financial investment and you want to secure proof that you legally own what you just bought. Also, if you buy anything without a title - particularly if it is a newer model - you run the risk of “owning” a vehicle with someone else’s lien on it. A seller might not have a title because either he (or the guy before him, etc.) took a loan out to finance the vehicle. In that situation, legal ownership of that vehicle cannot transfer without the lienholder releasing its interest in that vehicle (which is what happens when a loan is paid off). Finally, titling (not registration) is the only way to tie your name to the VIN in a way that is searchable to law enforcement if necessary... |
There's also this common myth I hear all the time: “If just register my bike it helps me if it gets stolen, and that's all I care about so I don't need to get a title.” Here's why that's not true:
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By not taking care of your paperwork when buying and owning, you are setting yourself up for messy situations to sort out later in the event you need to substantiate ownership for any reason. That concept gives me the hives, personally. And when I'm in the market to buy a bike, I am spooked by a seller without a title for reasons further elaborated below.
To protect yourself in the event of theft, I recommend (1) that you title your bike in your name so that no one after you will be able to obtain a title without you signing off, and (2) that you get a basic coverage motorcycle insurance policy on your bike (usually inexpensive – commonly under $200/yr, but individual rates vary) so you can at least make a claim to recover the monetary (but not sentimental) value. I have my streetbikes and my dirtbike on the same policy.
To protect yourself in the event of theft, I recommend (1) that you title your bike in your name so that no one after you will be able to obtain a title without you signing off, and (2) that you get a basic coverage motorcycle insurance policy on your bike (usually inexpensive – commonly under $200/yr, but individual rates vary) so you can at least make a claim to recover the monetary (but not sentimental) value. I have my streetbikes and my dirtbike on the same policy.
Part 2: My Situational Advice to the RAD Community
- Do NOT buy an OHV which is a model year of 2012 or newer without a title.
As explained above, all OHV’s 2012 and newer have titles – somewhere. This means that in order for the DMV to issue you a title in your name, you HAVE TO produce an original title issued signed by the titled owner as the seller and by you as the buyer. Not a Bill of Sale – a Title. Period.
This situation CANNOT be remedied by a Statement of Facts affidavit accompanied by a Bill of Sale as 2011 and older models sometimes can. If the model year is 2012 or newer, the DMV would require a Court order to issue a new title to you.
- What if the seller had a title in his name but lost it?
That seller can request a duplicate title from the DMV. Nevada’s form is here (if that title was issued in Nevada), and the fee is $20.00. If it was titled in another state, they would obviously need to use the form/procedure applicable to their state. You can expect any given DMV to take 4 to 8 weeks to generate a new title to that owner, which they can then use to sell.
- What if the seller has a title signed off by the person he bought it from and he filled it out, but he just never bothered to send it in to get a new one issued?
They need to mail the title (signed and completed by seller and buyer in accordance with these guidelines) to the Nevada OHV Department with the $28.25 title fee and get a title issued in their name. Again, 4+ weeks.
- What if the seller bought the bike new and has a Manufacturers Certificate of Origin.
You (as the second hand buyer) can purchase the bike with a Bill of Sale signed by the seller who is listed on the back of the Certificate of Origin. You send the Bill of Sale and the Certificate of Origin to the DMV with $28.25 title fee.
- What if the seller never got a title from the guy he bought it from (or has some other story in which the ending equates to not having any clue what’s up with the title)?
If it’s a model year 2012 or newer, I would advise against buying it.
- What about a 2011 or older model?
If you buy an OHV which is a model year 2011 or older and it doesn’t have a title, make sure you get a Bill of Sale. With a Bill of Sale, you will at least be able to use a Statement of Facts affidavit to likely get a title issued in your name. The Statement of Facts affidavit must be notarized.
**But beware** if someone did get a title in Nevada for it (and lost it), the Statement of Facts affidavit will not work -- the DMV is then going to be looking for the sign-off from that last titled owner (or a Court order directing otherwise).
You can either use the DMV’s Bill of Sale or it can be handwritten. If you handwrite a Bill of Sale, make sure you include (at minimum) (1) the name of the seller, (2) name of the buyer, (3) date of the sale, (4) year make model and VIN. You do not need to identify the consideration paid because it is irrelevant to the DMV. This is the only circumstance in which you would need a Bill of Sale.
- FYI: If you buy any vehicle (street legal or not) with a Title, you don’t need a Bill of Sale.
Title is the only thing that transfers ownership; Bills of Sale with titles are superfluous in private party situations. The DMV does not care.
Part 3: How To Do Titles Correctly
Fewer things are more frustrating than mailing in paperwork to the DMV... waiting a month or two in government time... finally opening the envelope from the DMV which you expect to be your brand new title... and being duped with a letter explaining "sorry, we REJECTED your title because you screwed up."
Lemme save you from that. Part 3 has five segments:
So here we go...
Lemme save you from that. Part 3 has five segments:
- The most common mistake applicable to every title from every state
- How to fill out Nevada titles
- How to fill out California titles
- Fixing Mistakes
- Fees + What to Send + Where to Send
So here we go...
Lienholder to be Recorded: NONE
I put this nit-picky detail first because it is a super common, silly reason for title rejections and is an incredibly easy detail to miss. This is applicable no matter what state the title comes from, because there is a space for this on every title in every jurisdiction.
In the space for “New Lienholder” or “Lienholder to be recorded” – you cannot leave this blank, you have to write NONE.
This section is almost always on the back of a title. On Nevada titles you’ll find it on the back at the very bottom. In California titles you can find it on the back just under the buyer’s signature section. In any other state, it’s on there somewhere – find it. In rare cases I’ve seen it on the front. Here's examples of NV and CA:
In the space for “New Lienholder” or “Lienholder to be recorded” – you cannot leave this blank, you have to write NONE.
This section is almost always on the back of a title. On Nevada titles you’ll find it on the back at the very bottom. In California titles you can find it on the back just under the buyer’s signature section. In any other state, it’s on there somewhere – find it. In rare cases I’ve seen it on the front. Here's examples of NV and CA:
On Nevada's form, the New Lienholder section is always on the back of the title at the very bottom.
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On CA's title form, the New Lienholder section is on the back under the section for the Buyer signature.
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The only exception is if you are financing the purchase and your lender is going to be coming on as a lienholder to secure their interest. In that case, your bank has probably already told you that you need to bring the title to them... so don't write NONE if that's the case.
Nevada Titles
On Nevada titles, all the spaces that seller and buyer fill in are always on the front and it's pretty self explanatory.
- The only thing the seller needs to do is print and sign their name exactly as it appears on the title.
- As the buyer you are going to fill out: Your legal name (as you want it to appear on the new title), your drivers license number, your address... and sign.
Then of course, do not forget to write "none" in the new lienholder part on the back!
If you're buying an OHV with a Nevada title, you will not need a VIN inspection to register or title because the Nevada DMV already has record of this VIN in its database.
If you're buying an OHV with a Nevada title, you will not need a VIN inspection to register or title because the Nevada DMV already has record of this VIN in its database.
California Titles
No less than 50% of the titles I've helped people with ... in addition to every bike single bike I've ever bought ... has been from a seller having a California title. So
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California titles appear a little tricky due to how they are structured. While it may look like the seller needs to sign in two or three places, the seller actually only needs to sign once on the front at the very top signature line space. The whole section inside the thinly-lined boxed in the middle is all about odometer reading disclosures, which is not applicable to OHV - so you just skip that whole section. The bottom part is related to existing lienholder. If there is no lienholder, it will be blank (like the example below). If there is a lienholder identified, make sure that the lienholder has signed off in the adjacent space. |
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All of your work as the buyer is going to be on the back of the California title form.
Be careful, because the instructions indicate that you have to write your name in the boxes as LAST, FIRST, MIDDLE. Don't forget to write "none" in the New Lienholder section just a little bit below the buyer signature line (unless you are financing the purchase and giving the title to your bank). Lastly, because you are purchasing an out-of-state vehicle, you will need to get a VIN Inspection completed (which can be done by any law enforcement officer or authorized Moto shop). |
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Fixing Mistakes
The DMV will reject your title if....
If either buyer or seller make a mistake when taking a pen to a title certificate which results in someone crossing something out, it's OKAY -- you're just going to need an Erasure Affidavit. On this affidavit, you just briefly explain what happened and that no fraud is intended. For example: "Seller mistakenly signed on buyer signature line. No fraud intended." -or- "Wrote incorrect address on buyer's address line and crossed it out to indicate correct address of 300 Twosmoke Street. No fraud intended." The Erasure Affidavit only need to be signed by you as the buyer, and does need to be notarized. Include the Erasure Affidavit with the title when you send in your paperwork.
- There is any crossed out or scribbled over writing
- There is any white out
If either buyer or seller make a mistake when taking a pen to a title certificate which results in someone crossing something out, it's OKAY -- you're just going to need an Erasure Affidavit. On this affidavit, you just briefly explain what happened and that no fraud is intended. For example: "Seller mistakenly signed on buyer signature line. No fraud intended." -or- "Wrote incorrect address on buyer's address line and crossed it out to indicate correct address of 300 Twosmoke Street. No fraud intended." The Erasure Affidavit only need to be signed by you as the buyer, and does need to be notarized. Include the Erasure Affidavit with the title when you send in your paperwork.
Fees + What to Send + Where to Send
Nevada's fee to issue a title in the instance of change of ownership is $28.25. It does not matter what state the title comes from. Checks should be made payable to the Nevada Department of Motor Vehicles or you can fill out the DMV's credit card form.
What documents to send to obtain a title in your name (based on situation)....
Purchased from private party seller with Nevada title:
Purchased from private party seller with out-of-state title:
Purchased from private party seller with no title (and OHV is 2011 or older):
You cannot complete any OHV transactions at DMV offices - only by mail!
Mail your documents to the address below. My practice is to send valuable documents like this via certified mail just for security and peace of mind... worth the $7.50 or so in postage to know your documents won't be lost in the mail.
Nevada Department of Motor Vehicles
OHV Unit
555 Wright Way
Carson City, NV 89711
What documents to send to obtain a title in your name (based on situation)....
Purchased from private party seller with Nevada title:
- Fully completed title
- Check/Money Order/Credit Card Form for $28.25
Purchased from private party seller with out-of-state title:
- Fully completed title
- Completed VIN Inspection
- Check/Money Order/Credit Card Form for $28.25
Purchased from private party seller with no title (and OHV is 2011 or older):
- Fully completed Statement of Facts affidavit
- Bill of Sale
- Completed VIN Inspection
- Check/Money Order/Credit Card Form for $28.25
You cannot complete any OHV transactions at DMV offices - only by mail!
Mail your documents to the address below. My practice is to send valuable documents like this via certified mail just for security and peace of mind... worth the $7.50 or so in postage to know your documents won't be lost in the mail.
Nevada Department of Motor Vehicles
OHV Unit
555 Wright Way
Carson City, NV 89711
Your registration application can accompany the above forms in the same envelope with the inclusion of the additional $20.00 registration fee. If so, write a separate check for this fee as the funds are allocated differently.
I hope this guide is helpful to as many riders in Nevada as possible.
I hope this guide is helpful to as many riders in Nevada as possible.