What a Release of Liability Does and When You Need It
A Release of Liability is a form you file with the California Department of Motor Vehicles to tell them you no longer own a vehicle. It protects you from liability for traffic violations, accidents, or parking tickets that happen after you sell, trade in, or donate the car — but only if the DMV receives it before the new owner registers the vehicle in their name.
You file this form when you sell a car to a private buyer, trade it in at a dealership, donate it to charity, or surrender it to a junk yard. Without it, you remain the registered owner on the DMV's records, and you can be held responsible for violations and accidents involving that vehicle even after you no longer own it.
California law does not require you to file the form online — you can mail it or submit it in person at a DMV office — but the online option is faster and gives you when ready confirmation that the DMV received it.
Key Takeaways
- You file a Release of Liability to remove yourself from liability for a vehicle after you sell, trade in, or donate it.
- The form must reach the DMV before the new owner registers the vehicle, or you may still be held responsible for their violations and accidents.
- You can file online through the DMV website, by mail, or in person, and online filing gives you a receipt when ready.
- If you sell to a private buyer, you should also give them a signed Notice of Transfer and Release of Liability so they have proof you sold it.
- Dealerships and charities usually handle the Release of Liability for you, but you should confirm they have filed it.
How to File Online Through the DMV Website
Go to dmv.ca.gov and look for the online services section. Search for "Release of Liability" or navigate to the vehicle registration services area. The DMV offers an online form called the Notice of Transfer and Release of Liability (Form REG 138), which you can complete and submit directly through their website.
You will need the vehicle's license plate number or Vehicle Identification Number (VIN), the date of sale or transfer, and the buyer's name and address if you have it. If you sold to a private buyer and do not have their address, you can enter what information you do have — the DMV's main goal is to know the vehicle left your ownership and when.
After you submit the form online, you will receive a confirmation number and a receipt showing the date and time the DMV received your filing. Save this receipt — it is your proof that you filed the Release of Liability, and it protects you if a violation or accident occurs after that date.
What Information You Need Before You Start
Gather these details before you begin the online filing:
- Your driver's license number or California ID number
- The vehicle's license plate number (the current plate on the car)
- The vehicle's VIN (found on the registration card or dashboard)
- The date you sold, traded in, or transferred the vehicle
- The buyer's name and address, if available
If you are filing for a vehicle you sold to a private buyer and you do not have the buyer's full address, you can still file with their name and the city. The DMV will process the form with partial information.
If you donated the vehicle to a charity, have the charity's name and the date of donation ready. If you traded it in or sold it to a dealership, have the dealership's name and the date of the transaction.
Scam Alert: Fake DMV Release Forms and Phishing Sites
Do not use a Release of Liability form from any website other than dmv.ca.gov. Scammers create fake DMV websites that look nearly identical to the real one and collect your personal information or charge you a fee for a form you can file for free.
Check the URL carefully: the real DMV website is dmv.ca.gov, not dmv-california.com, ca-dmv.net, or similar variations. If you arrive at a site asking for payment to file a Release of Liability, leave when ready — the DMV does not charge a fee for this form when you file it yourself online or by mail.
Never click a link in an email or text message claiming to be from the DMV and asking you to file a Release of Liability. Go directly to dmv.ca.gov by typing the address into your browser yourself.
What Happens If a Dealership or Charity Does Not File for You
When you trade in a vehicle at a dealership or donate it to a charity, the business is usually responsible for filing the Release of Liability with the DMV. However, mistakes happen, and you should not assume they have done it.
Ask the dealership or charity for written confirmation that they have filed the form. If they cannot provide it within two weeks, file the Release of Liability yourself online. You can file even if the dealership or charity has already filed — a duplicate filing will not cause problems, and it ensures the DMV has a record.
If you later receive a traffic ticket or accident notice for the vehicle after you sold it, the receipt from your Release of Liability filing will show the DMV knew you no longer owned it. This is your defense against liability.
Selling to a Private Buyer: The Notice of Transfer Form
When you sell a car to a private buyer, you should give them a signed Notice of Transfer and Release of Liability (Form REG 138) at the time of sale. This is a two-part form: one copy goes to the DMV (which you file online or by mail), and one copy goes to the buyer as proof of the sale.
The buyer needs this form to register the vehicle in their name. Without it, the DMV will not process their registration, and the vehicle will remain registered to you. Giving the buyer a signed copy also protects you by creating a paper trail showing you transferred ownership.
You can read Form REG 138 from dmv.ca.gov, fill it out by hand, sign and date it, and give one copy to the buyer. Keep a copy for yourself, and file your copy online or by mail within 10 days of the sale.
Filing by Mail or In Person If You Prefer Not to Use Online Services
If you do not want to file online, you can mail the completed Form REG 138 to the DMV address listed on the form, or you can bring it in person to any DMV office. Mailing takes longer — typically 2 to 4 weeks for the DMV to process — so online filing is faster if you need proof of filing quickly.
If you file by mail, send the form certified mail with return receipt requested so you have proof the DMV received it. Keep the return receipt as your evidence of filing, just as you would keep the online confirmation number.
In-person filing at a DMV office is also an option, though it requires a trip and may involve a wait. You will receive a stamped receipt when ready showing the date the DMV received your form.
Frequently Asked Questions
How long does it take for the Release of Liability to protect me after I file online?
The protection begins the moment the DMV receives your filing. When you file online, you get a confirmation number when ready, and that date is when your liability ends. If a violation or accident occurs after that date, your receipt proves you were no longer the registered owner.
What if I sold the car but never got the buyer's name or address?
You can still file the Release of Liability with just the vehicle's license plate or VIN and the date of sale. The DMV's goal is to know when you stopped owning the vehicle. Providing the buyer's information is helpful but not required to file.
Can I file a Release of Liability if the new owner has already registered the car?
Yes, but it is less effective. If the new owner has already registered the vehicle in their name, you can still file to show the DMV when you transferred ownership. However, if violations or accidents occurred between the sale date and the registration date, you may still be liable. Filing as soon as possible after the sale is the best protection.
Do I need to file a Release of Liability if I trade in my car at a dealership?
The dealership is responsible for filing it, but you should ask for written confirmation. If you do not hear back within two weeks, file it yourself online to be safe. Filing twice does no harm.
What if I lose my online confirmation number?
You can contact the DMV and provide your driver's license number and the vehicle's VIN to request a copy of your filing record. Keep your confirmation email or receipt in a safe place so you have proof if you need it later.