Yes, a secondary title owner can sell a car, but the process is more complex than a standard sale. The key is that you must first obtain a clear, free-and-clear title in your name before a legitimate sale to a new buyer can proceed. If you are a secondary title owner—meaning your name is on the title but not as the primary owner, often as a co-owner with rights of survivorship—you typically need the signature of the primary owner to sell the vehicle. If the primary owner is deceased, you'll need to provide a death certificate and follow your state's specific probate procedures to transfer full ownership.
The most common and complicated scenario is when you hold a lienholder title. This means a bank or lender holds the physical title because there is an outstanding loan on the vehicle. You cannot sell the car without satisfying the loan first. The sale process involves paying off the loan balance to the lender, who then releases the lien and sends you the clear title. Only then can you sign the title over to the new buyer. Attempting to sell a car without a clear title is illegal and will prevent the buyer from registering the vehicle.
The requirements and documents needed vary significantly by state. The table below outlines the general process and key documents for different secondary owner situations.
| Secondary Title Owner Situation | Core Requirement to Sell | Key Documents Needed | Potential Complications |
|---|
| Co-owner (e.g., "John OR Jane Doe") | Signature of all parties listed on the title. | Current title, valid photo ID. | One co-owner is unavailable or refuses to sign. |
| Lienholder (Bank/Loan Company) | Pay off the entire loan balance to release the lien. | Loan payoff statement, lien release document from the lender. | The loan balance is higher than the car's sale value ("upside-down" loan). |
| Inherited Vehicle (Heir) | Transfer the title into your name through probate or your state's DMV process. | Death certificate, court order (e.g., affidavit of heirship), will. | Disputes among other heirs or an unclear estate plan. |
| Title with a "Salvage" Brand | Disclose the salvage brand to the buyer; some states require a special inspection before resale. | Salvage title, inspection certificates (if applicable). | Greatly reduced resale value and difficulty finding a buyer. |
| Lost Title | Apply for a duplicate title from the DMV before the sale. | Application for Duplicate Title, proof of identity, possibly a bill of sale. | Processing delays at the DMV can hold up the sale. |
Before listing the car for sale, contact your local Department of Motor Vehicles (DMV) to understand the exact steps and forms required for your specific circumstance. Being transparent with potential buyers about the title situation builds trust and avoids legal issues down the road.
