Gifted an out-of-state car....now what?

[DucatiHoney]

Sorry for the non-moto post, but I've been scouring the 'net and haven't found what I'm looking for--hoping BARF experts can help.

My husband's grandmother has decided to stop driving at 92 as her license expires this month. She wants to gift me her 2001 Miata. It has 100K on it and it's currently registered in Oregon. I believe it's a 49-state car for emissions purposes. I plan on picking it up in late August. I'm starting insurance on it as of 8/1. She'll have it insured up to that point. Title is clean. Here are my questions:

* Do I do a bill of sale or some other document stating a transfer of ownership?
* Would it be better if the car were gifted in my husband's name, since he's a blood relation?
* I need to get it smogged before I register it?
* I need to register it within 10 days of bringing it into the state?

TIA!

 

[buellistic]

Find out if it passes smog first.
Oregon doesn't do smog so it may need repairs first.
Or take title and sell it in Oregon.

 

[bojangle]

Sorry for the non-moto post, but I've been scouring the 'net and haven't found what I'm looking for--hoping BARF experts can help.

My husband's grandmother has decided to stop driving at 92 as her license expires this month. She wants to gift me her 2001 Miata. It has 100K on it and it's currently registered in Oregon. I believe it's a 49-state car for emissions purposes. I plan on picking it up in late August. I'm starting insurance on it as of 8/1. She'll have it insured up to that point. Title is clean. Here are my questions:

* Do I do a bill of sale or some other document stating a transfer of ownership?
* Would it be better if the car were gifted in my husband's name, since he's a blood relation?
* I need to get it smogged before I register it?
* I need to register it within 10 days of bringing it into the state?

TIA!

This DMV page has info on what's needed for a family gift/title transfer. https://www.dmv.ca.gov/portal/dmv/detail/vr/vr_info#BM2525. This one had info on out of state transfers. https://www.dmv.ca.gov/portal/dmv/detail/vr/checklists/outofstate

I just dealt with a family gift vehicle, though it was within California.

1) You will need a signed over title. If the title is lost you'll need a form 227. You will also need a Statement of Use Tax Exemption (REG 256). See additional requirements on out of state checklist. Looks like you'll need a form 343 plus a VIN verification.

2) I think it should be in his name to quality for the tax exemption. You can put it in both names. Your name AND his name require both signatures to sell it. Your name OR his name only require one of you to sell it. EDIT: It's not for the tax exemption, but having it in his name (or both) would waive the smog transfer fee. However, since a smog is required for out of state, not sure if that even matters.

3) For family gifts within state, the 256 form exempts the smog requirement for transfer unless it was already due for one. In the case of out of state family gift, you'd need to get a California smog certification (within 90 days preceding the transfer, I believe.)

4) Yes, you'd need to register it within 10 days off taking possession.

 

[ST Guy]

First, find out for sure if it's a 49 or 50 state car. Knowing that could drive all the rest of your decisions.

I'm not sure, but I believe making a 49 state car California compliant is a nightmare and expensive which would make me want to sell it in Oregon.

If it's a 50 state car, I'd then want to know that it wasn't going to cost me a bundle to get it to pass smog before I committed to trying to register it here. Maybe you could drive it over the boarder and find a smog place that will run it for a small fee just to see if it passes.

Good luck!

 

[KrustyKruser]

If it's a 50 state car, I'd then want to know that it wasn't going to cost me a bundle to get it to pass smog before I committed to trying to register it here. Maybe you could drive it over the boarder and find a smog place that will run it for a small fee just to see if it passes.

Good luck!

+1. Do smog shops still do a "pretest"? So you can find out if it would pass and not have the info sent to DMV as a gross polluter if it doesn't pass.

 

[DucatiHoney]

Thanks so far, guys.

Yes, I realize that smog is the biggest issue. I'm hoping that a nice 1,000 mile drive down south will make her test a little cleaner. I've owned several older cars and so far we've always managed to get them to pass smog (knock on wood). As for timing of the smogging, Grandma doesn't drive much anymore. She lives in Salem. It looks like only Portland and Medford have smog requirements, so that's not going to happen before I bring it down. Maybe I'll call a Miata shop here and see if they can enlighten me.

Bojangle, your post was as far as I got with DMV info... and it still leaves me scratching my head. Your link doesn't address out-of-state transfers, only purchases. And I've only found info on in-state transfers. So, my assumption is that I'm probably best off transferring this from grandmother to my husband, in the hopes that this buys me some relief from fees. If not, then so be it. Is that document written up similarly to a Bill of Sale, but I'd just call it Bill of Transfer?

 

[DucatiHoney]

Update: I did a little sleuthing online and starting calling some shops. One of them called me back and said that even a federal-production car from 2001 is OK for smog and it's not a huge deal to get it to pass usually.

Crossing fingers!

 

[bojangle]

Bojangle, your post was as far as I got with DMV info... and it still leaves me scratching my head. Your link doesn't address out-of-state transfers, only purchases. And I've only found info on in-state transfers. So, my assumption is that I'm probably best off transferring this from grandmother to my husband, in the hopes that this buys me some relief from fees. If not, then so be it. Is that document written up similarly to a Bill of Sale, but I'd just call it Bill of Transfer?

Yeah, I realize that. I'm thinking the requirements fall in a combination of both requirements.

Having the vehicle transferred in only his name, or having it transferred in both your names, shouldn't make a difference. Personal preference. As a gift, you won't have to pay sales tax.

 

[auntiebling]

Has 100k miles, doesnt matter if it is 49 or 50 state anymore.

 

[DucatiHoney]

Has 100k miles, doesnt matter if it is 49 or 50 state anymore.

Meaning that it doesn't need to pass smog? Sorry, I'm a little slow on the uptake sometimes.

 

[auntiebling]

Meaning that it doesn't need to pass smog? Sorry, I'm a little slow on the uptake sometimes.

It has to pass smog levels for the year and level it was sold at, so if it was a "federal" level aka 49 state, it would be held to that standard even if residing in CA. I other words, you dont have to update it to CA standards

 

[Jalopyshoppe]

After 7,500 miles it doesn't matter 49 state or 50 state emissions. You'll have to smog it, but it only needs to pass the specs based on the condition it was sold new. No modifications required.
I have brought a car here gifted to me from my Grandmother. It was cake. It's possible to do at AAA even if you get the VIN inspection done elsewhere.
Miatas are awesome. Congratulations!

 

[DucatiHoney]

Sweet! I knew that 7,500 miles meant that I could at least bring it in state, in theory, but I didn't understand the full extent of the relief from smog requirements that it granted. :thumbup

I suppose I need AAA insurance to take advantage of their vehicle inspection services. I have one 2 blocks from my house--I might pop in and see what they say.

 

[limey]

In the last couple of years I bought a 1992 Miata out of state. Here are a few things I remember:

Other state (not directly relevant to Oregon but worth looking into):
- I bought an NA Miata from AZ where the plate stays with the previous owner. I was nervous driving a ~30 year old car home through 3 states with no plates on it.
- In AZ you could get a temporary moving permit (and paper plate) valid for (30?) days for a nominal fee, from a 3rd party DMV vendor. If Oregon requires the plates come off when you get the vehicle, there may be similar provisions. As all cars in Cali now have plates, even brand new ones, you may avoid getting pulled over by making sure you have some kind of plate.
- In some states lien-release is not on the title itself, but can be a separate form. If the car ever had a loan when it was bought, make sure you have the evidence the lien has been satisfied. DMV will want to see it.

California:
- You can do a pre-smog. I did, and needed a new cat. Well worth the spend to avoid DMV hassles later. For NA Miatas at least, the cat is cheap, and an easy bolt in. The 2001 *may* have 2 cats, might be worth pricing it/them out. CARB legal replacement cats are a must even on 49 state cars, in my experience (Original OEM cat is OK, but if it is a shiny new replacement, it has to be CARB legal, even though the car only has to meet 49 state emissions). Qualifying aftermarket cats will have an EO number stamped on them. Expect them to get the mirror out to check it.
- You will likely also need a VIN verification. Know the location of the VIN on the dash, the driver door frame, and stamped into the firewall. AAA can do this for you if you are a member. Otherwise there are 3rd party VIN verifiers, or failing that you are at the mercy of the DMV, who may refer you to the CHP if they are not certain what to do. Take the valid smog, completed Vin verification form, and signed out of state title to DMV or AAA DMV services desk, and you should be all set.

Good luck.

 

[clearspot]

smog

try to have the smog shop change the oil before testing. Dirty oilcontains a huge amount of hydrocarbons in it. If the testing station doesnt do oil changes, et the oil changed and not drive anywhere but straight to the smogshop.

 

[tgrrdr]

I'm interested to see how this comes out. To follow up on something someone posted - it won't automatically be a problem to pass smog. I had a 1992 Dodge Dakota that I brought in from out of state and never had any issue with it passing smog from the time it was new until I got rid of it in 2009.

I bought a truck out of state last year, didn't do the smog check before I went to DMV and they let me leave and come back after I did it without waiting in line again.

I got to DMV before they opened and they didn't call my number until almost 11:30.

DMV did the VIN verification for me with no issues.

 

[DucatiHoney]

Cool... this will be my third out-of-state car, but it’s just a little different every time, and I do it juuuuust enough to forget how I did it last time! I don’t get to pick up the car until the end of August but that gives me time to get a dmv appointment set up.

 

[Maddevill]

try to have the smog shop change the oil before testing. Dirty oilcontains a huge amount of hydrocarbons in it. If the testing station doesnt do oil changes, et the oil changed and not drive anywhere but straight to the smogshop.

This and have a full tank when you take it in for smog. The clean oil and full tank both reduce emissions a lot.

Mad

 

[DucatiHoney]

Full tank, new oil. Got it. :thumbup

 

[ST Guy]

This and have a full tank when you take it in for smog. The clean oil and full tank both reduce emissions a lot.

Mad

Don't forget a clean air filter as well.