Signing the wrong box on a title is easy to do, and it is more common than you would think. If the sale has not happened yet, NCDMV has forms for fixing it. Here is what those forms say, what to do before you hand over the car, and what we could not confirm.
First: stop, and do not hand over the car
- Do not sign anything else on the title, and do not try to fix it yourself with white-out, scratching or tape. A marked-up title can raise questions, and nothing in NCDMV's forms offers white-out as a fix.
- Keep the car and the title until you know what NCDMV will accept. Do not take payment for it yet either.
- Take clear photos of the front and back of the title as it is now.
- Never sign a title ahead of time or leave parts blank for the buyer. North Carolina makes delivering or accepting a title assigned in blank a Class 2 misdemeanor (G.S. 20-72).
What NCDMV's forms say
We read the official forms. Two of them deal with an incorrect assignment of a title.
The Corrected or Substitute Title Application (MVR-5)
The MVR-5 has a box for "Title incorrectly assigned". Its Note F says an assignment of a certificate of title by an owner can be voided only if no sale occurred, and that an application for a substitute title must come with affidavits, signed by all parties concerned, that no sale was made. The owner signs in front of a notary. NCDMV's vehicle titles page lists replacement titles for "an error on the original title" and the MVR-5 among the documents, with the notarized title.
The Affidavit of Facts: Incorrect Assignment (MVR-28)
The MVR-28 says its purpose is to void the incorrect assignment of a certificate of title. It lists no fee. All parties to the assignment (seller, buyer, and lienholder if there is one) complete it, and each affidavit is signed in front of a notary. The seller states they did not sell or deliver the vehicle that was incorrectly assigned, and the buyer states they did not buy or take it.
Which form applies to your mistake depends on exactly what happened, and NCDMV decides. That is why the next step is to ask them.
What to do next
- Call NCDMV customer service at (919) 715-7000 or visit a license plate agency, ideally before the buyer arrives. Describe exactly what happened: which box, whose name, and whether any money or the car has changed hands.
- Ask which form they want (MVR-5, MVR-28 or something else), whether you can fix it the same day, and what it costs.
- Tell the buyer right away. A fix may take longer than a day. Offer to reschedule, or to meet at the agency if NCDMV needs the buyer to sign too.
- Plan for a notary, because these forms are signed in front of one.
- Do not release the car or take payment until NCDMV has told you what it will accept.
What we could not confirm
We want to be straight with you about the gaps:
- Crossing it out and signing in the right box. You may hear that this is allowed. We could not find that in any NCDMV form or page we reviewed. Some clerks may accept it, but we cannot say it will be accepted, so ask first.
- How long a correction takes. NCDMV says duplicate title requests age 15 days before processing. We did not find a stated timeline for corrections, so ask.
- How another state treats a marked-up title. If the buyer is from out of state, their home state decides what it accepts when they title the car.
If the sale already happened
The MVR-5 note says an assignment can be voided only if no sale occurred. If the buyer has already paid or taken the car, this is a different situation. Talk to NCDMV before you do anything else, and be honest with them and with the buyer.
How to avoid it next time
- Read the labels on the back of the title before you sign, and match them to the right person.
- Sign only in front of the notary, at the time of the sale. See our checklist.
- Photograph the front and back of the title before the buyer arrives.
- Not sure which forms you need? Try our paperwork helper.
Selling to us?
If you are selling to SellCarNC, go through the title with us before you sign anything. Get a free offer, no obligation.
Frequently asked questions
Sources
- NCDMV form MVR-5, Corrected or Substitute Title Application
- NCDMV form MVR-28, Affidavit of Facts: Incorrect Assignment of Title
- NCDMV: Vehicle Titles
- G.S. 20-72, Transfer of title