What is an Affidavit of Vehicle Ownership? Are you a proud owner of a used vehicle in Canada, but lacking a bill of sale or any concrete proof of ownership? Don’t worry; you’re not alone in this situation. Many individuals find themselves in a similar position, often due to various reasons like private sales, lost documentation, or inheriting a vehicle. Fortunately, Ontario law provides a solution in the form of an Affidavit of Vehicle Ownership.
What is an Affidavit of Vehicle Ownership?
An Affidavit of Vehicle Ownership is a legal document to establish ownership of a used vehicle when you cannot provide a bill of sale or other proof of ownership. It’s essentially a sworn statement that provides details about the purchase of the vehicle, the seller, and the reason why you cannot produce a bill of sale.
Why might I need an Affidavit of Vehicle Ownership?
There are several situations in which you might require an Affidavit of Vehicle Ownership:
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- Private Sale: If you purchased a used vehicle from a private seller and didn’t receive a bill of sale, this document can help legitimize your ownership.
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- Lost or Missing Documentation: If you have lost or misplaced the bill of sale or other ownership documents, an affidavit can serve as a substitute.
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- Inherited Vehicle: If you inherited a vehicle from a family member or friend and there is no bill of sale, an affidavit can establish your ownership.
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- Gifted Vehicle: If you received the vehicle as a gift, an affidavit can provide evidence of your ownership.
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- Unique Circumstances: In some unique situations, such as recovering a stolen vehicle without proper documentation, an affidavit can be essential.
What Information Should I Include in the Affidavit of Vehicle Ownership?
When creating an Affidavit of Vehicle Ownership, you should include the following details:
- Your Personal Information: Your full name, address, and contact information.
- Vehicle Information: Make, model, year, vehicle identification number (VIN), and license plate number.
- Purchase Details: Information about when and from whom you purchased the vehicle, including the seller’s name and contact information.
- Statement of Circumstances: An explanation of why you cannot provide a bill of sale or other proof of ownership. Be honest and detailed in your explanation.
- Statement of Circumstances: An explanation of why you cannot provide a bill of sale or other proof of ownership. Be honest and detailed in your explanation.
How Do I Create the Affidavit?Â
Creating an Affidavit of Vehicle Ownership is a straightforward process:
- Download a Template: You can find templates online, or visit a ServiceOntario location to obtain one.
- Fill in the Details: Complete the affidavit with the required information, as mentioned in the previous question.
- Book an appointment for remote or in-person notarization at allcanadanotary.com
- Sign and Notarize: Sign the affidavit in the presence of the Notary Public or Commissioner for Oaths. They will also sign and stamp or seal the document.
What Happens After I Create the Affidavit of Vehicle Ownership?
Once you have a notarized Affidavit of Vehicle Ownership, you should:
- Keep a Copy: Always keep a copy for your records.
- Submit to ServiceOntario: Take the original notarized affidavit to a ServiceOntario location. They will review the document and update the ownership record.
- Pay Any Applicable Fees: If there are any fees associated with the ownership transfer or update, be prepared to pay them at this stage.
- Receive New Ownership Documentation: After the process is complete, you will receive updated ownership documentation.
Is an Affidavit of Vehicle Ownership a Guarantee of Ownership?
No, an Affidavit of Vehicle Ownership is not a guarantee of ownership. It is a means to establish ownership when you cannot provide a bill of sale or other proof of ownership. While it can be a helpful document, it’s essential to understand that it may not be accepted in all situations. Some individuals or organizations may require additional documentation or verification.
Can I Use the Affidavit for Any Vehicle?
An Affidavit of Vehicle Ownership is typically used for used vehicles that lack proper documentation, such as a bill of sale. However, it’s essential to check with your local ServiceOntario office or a legal expert to ensure that it’s applicable to your specific situation.
Can I Legally Sell a Vehicle with an Affidavit of Vehicle Ownership?
Selling a vehicle with an Affidavit of Vehicle Ownership might be challenging, as some buyers may be hesitant to purchase a vehicle without traditional ownership documentation.
What If I Don’t Have the Seller’s Information?
If you don’t have the seller’s name or details, that’s okay! You can order a Used Vehicle Information Package from Service Ontario. The Used Vehicle Information Package includes the information of all previous owners. You can order a Used Vehicle Information Package online for just $20 from the Service Ontario website: Used Vehicle Information Package
What Should I Do to Prevent Future Issues with Vehicle Ownership Documentation?
To avoid future issues with vehicle ownership documentation:
- Always Get a Bill of Sale: Whenever you buy or sell a vehicle, insist on a bill of sale that includes all necessary details.
- Keep Records: Safeguard all vehicle-related documents, including bills of sale, service records, and ownership certificates.
- Transfer Ownership Properly: If you sell a vehicle, ensure that you complete the ownership transfer process with ServiceOntario to remove your liability.
- Seek Legal Advice: If you encounter any issues with vehicle ownership, consult with a legal expert or your local ServiceOntario office for guidance.
Do Both the Buyer and Seller Need to be Present When Applying for the Affidavit?
Both the buyer and seller typically do not need to be present when notarizing an Affidavit of Vehicle Ownership. The affidavit is primarily the responsibility of the person seeking to establish or transfer ownership, and they are the one who needs to sign the document in the presence of a Notary Public or Commissioner for Oaths.
How Long is the Affidavit Valid?
There is no specific expiration date for an Affidavit of Vehicle Ownership in Ontario, Canada. Once a Notary Public or Commissioner for Oaths notarizes the affidavit, it becomes a legally valid document.
Can the Affidavit of Vehicle Ownership be Notarized Online?
You can notarize the affidavit with our online commissioning services.
This is how it works:
- Book your appointmentÂ
- Meet with our  notary professional by video conference
- Electronically sign the affidavit and download the completed document
How Can We Help You?
We can help you complete the document at one of our convenient in-person locations or with our online / remote commissioning services.
