Affidavit to transfer ownership of vehicle

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What is an Affidavit to transfer ownership of a vehicle?

In the Province of Ontario, an Affidavit to transfer ownership of a vehicle is used as a legal document or a sworn statement to complete, exactly as the title suggests, a transfer of ownership of a vehicle from one person to another.  It's often used in situations where the seller does not have a vehicle registration permit or a bill of sale, or if the buyer requires additional proof of ownership. 


If you purchased a used vehicle and attended at a Service Ontario location without an ownership and/or bill of sale from the person you purchased the vehicle from, you were likely advised to provide the proper paperwork to have the said purchased vehicle registered in your name.  This paperwork or affidavit would apply to register most vehicle types, whether you purchased a snowmobile, trailer, motorcycle, scooter,  or any other type of vehicle (see below FAQ section for more information on vehicle types).


Your Affidavit to transfer ownership of a vehicle in Ontario should include the following information:


  1. Identification of the vehicle being sold, including the make, model, year, and VIN.
  2. The full name, address, and contact information of the seller.
  3. The full name, address, and contact information of the buyer.
  4. A statement that the seller is the legal owner of the vehicle and has the right to sell it.
  5. A statement that the vehicle is free of any liens or other encumbrances.
  6. The date of the sale and the purchase price of the vehicle.
  7. Signatures of the seller, buyer, and a witness who is not related to either party and who is over the age of 18.
  8. A statement at the end of the affidavit, often referred to as a "jurat," in which the person making the affidavit swears or affirms that the information provided is true and accurate to the best of their knowledge.


To complete the transfer of ownership, the buyer will need to take the signed affidavit to a Service Ontario location and apply for a new vehicle registration permit in their name. The buyer will also need to pay any applicable fees and taxes associated with the transfer of ownership.


It's important to note that the specific requirements for an Affidavit to transfer ownership of a vehicle may vary depending on the circumstances of the sale and the jurisdiction in which the sale takes place. It's generally recommended that a bill of sale be used as well. A bill of sale is a legal document that provides additional proof of the sale and transfer of ownership, and can be helpful in case there are any disputes or issues that arise after the sale. Therefore, it's a good idea to consult with a legal professional or contact the relevant government agency to ensure that all requirements are met.



FAQs

Got a question about an Affidavit to Register a Vehicle with Missing Bill of Sale or Ownership?  We’re here to help.

  • Q: How do I know if I need an affidavit of ownership?

    A: In Ontario, an Affidavit to transfer ownership of a vehicle may be required in certain circumstances, such as:

    • If the seller of the vehicle does not have a vehicle registration permit or the permit is lost or damaged.
    • If the seller does not have a bill of sale or proof of ownership.
    • If the buyer of the vehicle requires additional proof of ownership.

    The Ministry of Transportation (MTO) of Ontario provides a list of documents that are required for a vehicle sale or transfer, which includes the vehicle registration permit, the bill of sale, and the affidavit of ownership, if required. 


    If you are buying or selling a vehicle in Ontario, it's important to make sure that all necessary documentation is in order and that within six days of purchase, you register  the used vehicle with Service Ontario. 


    You can also contact the MTO or consult with a legal professional to determine if an affidavit of ownership is required for your specific situation.

  • Q: Do you need an affidavit of ownership for any type of vehicle?

    A: In Ontario, the Ministry of Transportation (MTO) defines a vehicle as any device in, upon or by which a person or property is or may be transported or drawn upon a highway. 


    This includes, but is not limited to:


    • Cars and trucks: This includes all types of passenger cars, trucks, vans, and SUVs.
    • Motorcycles: This includes motorcycles, scooters, and mopeds.
    • Trailers: This includes trailers of all kinds, such as travel trailers, utility trailers, and boat trailers.
    • Recreational vehicles (RVs): This includes motorhomes, campervans, and other types of RVs.
    • Buses: This includes school buses, transit buses, and other types of buses.
    • Off-road vehicles: This includes all-terrain vehicles (ATVs), snowmobiles, and other types of off-road vehicles.
    • Farm vehicles: This includes tractors, harvesters, and other types of farm equipment that are driven on public roads.

    It's important to note that in Ontario, all vehicles driven on public roads must be registered and insured. Additionally, different types of vehicles may have different registration and licensing requirements. If you're unsure whether your vehicle needs to be registered or if you have questions about the registration process, you can contact the MTO for more information.

  • Q: What if I don’t have the seller’s information?

    A: If you do not have the seller's name/details, that's not a problem, you can order a Used Vehicle Information Package from Service Ontario which will show you a history of all previous owners.
    The package can be purchased online for $20 and is mailed to you within 5 bussiness days.  You can get it here: 


    https://www.ontario.ca/page/used-vehicle-information-package

  • Q: What if I do not have a Bill of Sale?

    A: In the event that you do not have a copy of your bill of sale, Service Ontario will acccept a commissioned or notarized copy of an affidavit that states your ownership and explains the details to ascertain when your purhased the vehicle, and why you could not provide a copy of the bill of sale. 

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