Sec. 98 · California rules
Is a bill of sale required in California?
No — and anyone telling you otherwise is selling something. The pink slip, your California Certificate of Title, is the legal instrument of transfer, and DMV will process a cleanly signed title on its own. REG 135 is the DMV's official one-page Bill of Sale, and it is recommendedrather than mandatory. Recommended turns into effectively required in three situations: the title is missing or in someone else's name, you are gifting the car and want a declared value on record, or the buyer is registering in another state whose DMV wants the sale documented on paper. Full breakdown in our REG 135 explainer.
REG 135 is not REG 138 — you need both
This is the mistake that costs California sellers actual money. REG 135 is the bill of sale: price, VIN, odometer, signatures. REG 138, the Notice of Transfer and Release of Liability, is a separate filing the seller makes with DMV within 5 calendar days of the sale. It is free, takes about three minutes online at dmv.ca.gov, and it is the only thing that takes your name off the car in DMV records. Until it is filed, the buyer's parking tickets, bridge tolls, red-light cameras and civil claims are addressed to you. We generate REG 135. REG 138 has to come from you — file it the same day you hand over the keys, and save the confirmation email. Details in our REG 138 guide.
Notarization: not required
California does not require notarization of REG 135, the pink slip, or REG 138. Typed and canvas-captured signatures are binding under the federal E-SIGN Act (15 U.S.C. § 7001).
Smog is the seller's problem in California
Unlike most states, California puts the smog certificate on the seller — Vehicle Code § 24007 — and it must be dated within 90 days of the sale. Exempt: gasoline vehicles from 1975 or older, diesel vehicles from 1997 or older or over 14,000 lbs GVWR, electric vehicles, motorcycles and trailers, and transfers between immediate family members (claimed on REG 256). Everything else needs a current check from a STAR-certified station, $40–$90 depending on county. Get it before you list — if the car fails, you want to know that before a buyer is standing in your driveway. Out-of-state buyers do not need a California certificate.
Use tax, not sales tax
California charges no sales tax on a private-party vehicle sale. The buyer owes use tax instead, at their own county rate — typically 7.25% to 10.75% — paid at DMV when they register. DMV calculates it from the price written on REG 135 or from its own fair-market valuation, whichever is higher. Writing a lower number to help the buyer is tax fraud, California audits for it, and if a buyer asks you to, that is the moment to walk away.
The buyer's 10-day clock
California gives the buyer 10 days from the date of sale to transfer title and registration, after which late-transfer penalties escalate quickly. Their deadline and your 5-day REG 138 deadline are independent: a buyer who drags their feet does not extend your exposure, as long as you filed on time.
What this page generates
The wizard at the top of this page completes the official REG 135 template, adds the federal odometer disclosure required by 49 CFR Part 580 for anything model year 2011 or newer, and appends an as-is condition addendum — the part REG 135 omits entirely, where the seller lists known defects and the buyer acknowledges them. Both signatures are captured on screen and the finished PDF goes to both parties. The chronological version of the whole sale, from smog check to insurance cancellation, is in how to sell a car privately in California.