Jan82026
Real Estate Q&A Series

Does the seller have to be present when the car title is notarized, or can I do it without them? – North Carolina

Short Answer

In North Carolina, the seller generally does not have to go with the buyer to the notary. But the seller’s signature on the title assignment usually must be made in the presence of a notary (or other authorized official) (or completed through a compliant electronic/remote notarization process). If the seller already signed the title outside a notary’s presence, a North Carolina notary typically cannot notarize that signature after the fact.

Understanding the Problem

Under North Carolina motor vehicle title rules, the key question is: can a buyer take a signed title to a notary alone, or must the seller appear for notarization when ownership is being assigned. This comes up most often when a vehicle was bought in a state that does not require notarization on the title, but the vehicle is being titled and registered in North Carolina, where the assignment step is handled differently.

Apply the Law

North Carolina requires the owner transferring the vehicle to execute the assignment and warranty of title on the back of the title in the presence of a person authorized to administer oaths (commonly, a notary public), unless an approved electronic signature/notarization method is used. In plain terms: the notarization is tied to watching the seller sign (or properly verifying the signer through a permitted remote process), not just stamping paperwork that was signed earlier.

Key Requirements

  • Proper title assignment: The seller must complete the assignment/warranty section on the title in the form the North Carolina Division of Motor Vehicles (DMV) accepts, including the buyer’s name and address.
  • Signature witnessed/verified correctly: The seller’s signature on the assignment generally must be executed in front of a notary (or other authorized official), or handled through a compliant electronic/remote notarization process.
  • No “signed in blank” transfers: North Carolina treats accepting or delivering a title that is assigned in blank as a criminal offense, and it can also create DMV problems when trying to register the vehicle.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a purchase in a state where titles are not notarized, followed by an attempt to title/register in North Carolina. Under North Carolina’s transfer rule, the critical issue is whether the seller’s signature on the assignment was made in front of a notary (or completed through a compliant remote notarization). If the seller already signed the assignment without a notary watching, the buyer usually cannot fix that by taking the title to a notary alone; the seller typically must re-sign in front of a notary (or use a permitted remote process) so the notarization is valid.

Process & Timing

  1. Who signs: The seller signs the assignment/warranty section on the title. Where: In front of a North Carolina notary public (or another authorized official), or through a compliant remote notarization process. What: The assignment on the back of the title should be completed fully (including the buyer’s information) and any required mileage disclosure should be completed when applicable. When: At the time the vehicle is being transferred—before attempting to submit the paperwork for North Carolina title/registration.
  2. Buyer submission: The buyer then submits the properly assigned title and required DMV paperwork/fees to the North Carolina DMV (often through a license plate agency) to apply for a North Carolina title and registration.
  3. Outcome: If the paperwork is accepted, the DMV issues a North Carolina title and registration documents in the buyer’s name (and records any lienholder if applicable).

Exceptions & Pitfalls

  • Notary cannot “back-notarize”: A notary generally cannot notarize a signature that was already signed outside the notary’s presence. That usually means the seller must appear again to sign properly (or use a permitted remote process).
  • Titles “assigned in blank”: Leaving the buyer section blank (or accepting a title signed in blank) can create DMV rejection issues and can also trigger criminal exposure under North Carolina law.
  • Mileage disclosure problems: Missing or inconsistent mileage/odometer information can delay titling. North Carolina has specific statutory rules and exceptions based on vehicle model year/age, so the correct disclosure depends on the vehicle.

Conclusion

In North Carolina, the seller usually does not have to accompany the buyer to the notary, but the seller’s signature on the title assignment generally must be made in front of a notary (or completed through a compliant remote notarization method). A buyer typically cannot take a title that was signed earlier and have a North Carolina notary notarize it after the fact. The next step is to have the seller re-sign the assignment in front of a notary and then submit the assigned title to the North Carolina DMV for titling and registration.

Talk to a Real Estate Attorney

If a vehicle purchase is stuck because the title paperwork was completed in another state and North Carolina is requiring notarization, our firm has experienced attorneys who can help explain the options and timelines for getting the transfer accepted. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.