Affidavit -Sale/Acquisition of a Motor Vehicle

Jurisdiction: Country: Canada | Province or State: Newfoundland and Labrador

What is an Affidavit – Sale/Acquisition of a Motor Vehicle?

An Affidavit – Sale/Acquisition of a Motor Vehicle is a sworn statement. It records the facts of a vehicle transfer. It covers a sale, purchase, trade, gift, or other acquisition.

You use it to confirm the key details of the transaction. It includes who transferred the vehicle, who received it, when, and for what value. It lists the vehicle identification number (VIN), odometer reading, and condition. It may also explain special circumstances. Examples include a missing bill of sale or a family transfer.

This form belongs to the Government Modernization and Service Delivery, Newfoundland and Labrador. It supports vehicle registration and tax assessment in the province. It helps the government verify ownership, value, and transfer details. It is sworn before a Commissioner for Oaths, Notary Public, or Justice of the Peace.

The affidavit is more than a receipt. It is a formal legal document. You swear or affirm that the information is true. False statements are an offense.

Who Typically Uses This Form?

Private buyers and sellers use this form often. So do executors who handle estates. You might use it if you act under a power of attorney. Trustees, guardians, and receivers also use it. Dealers rarely use it, because they issue detailed bills of sale. Lenders may ask for it if the transfer involves a lien.

Why would you need this form?

You need it when the normal proof is missing or incomplete. It provides evidence of a transfer where a simple bill of sale is not enough. It can fill gaps in a paper trail. The affidavit sets out facts under oath. That gives the government confidence in the information.

It also helps with taxes. In Newfoundland and Labrador, buyers pay tax when registering a used vehicle. The amount can depend on the price or the vehicle’s value. The affidavit shows the price and condition. It explains if the vehicle was non‑roadworthy or damaged. That detail can affect the taxable value.

Typical usage scenarios

1. You bought a vehicle in a private sale. The seller gave a handwritten note, but it lacks key details. The affidavit records the full details and price.
2. You acquired a vehicle from a family member. You need to confirm the relationship and the transfer terms. The affidavit does that.
3. You inherited a vehicle. The affidavit sets out your authority and the date of transfer. You attach probate or will extracts as proof.
4. You lost your bill of sale. The affidavit replaces it with a sworn record of the deal.
5. You purchased a non‑running vehicle for parts. The affidavit explains the condition and the low price. You attach an appraisal to support the value.
6. You bought a vehicle from out of province. The paperwork is incomplete. The affidavit confirms the deal and fills the gaps.
7. You received a vehicle under a court order or a separation agreement. The affidavit ties the vehicle to that order. You attach the order as a schedule.
8. You are a business selling a company vehicle to an employee. The affidavit states the sale price and any trade‑in details.

When Would You Use an Affidavit – Sale/Acquisition of a Motor Vehicle?

Use the affidavit when there is any doubt about the transaction details. Use it when you need a sworn record to complete a transfer. It strengthens your file and reduces delays with registration.

A common example is a private sale. You have a simple bill of sale with names and a price. It lacks the VIN or odometer reading. The affidavit provides the missing data under oath. That helps confirm identity and supports tax calculation.

If the price seems lower than typical, the affidavit helps. It explains why. It could be rust, accident damage, or a failing engine. You attach repair estimates or a mechanic’s note. That supports the declared value.

You might use it for estate transfers. The deceased owned the vehicle. The executor uses the affidavit to confirm the transfer to a beneficiary. The affidavit lists the VIN, date, and basis for transfer. The executor attaches the grant of probate or will excerpt.

It is useful for family transfers. A parent transfers a vehicle to a child. The affidavit confirms the relationship. It states whether money changed hands. It confirms that both parties understand the transfer terms.

You may use it when a lien is involved. The seller claims the lien is cleared. The affidavit states the lien status. You attach a lien release or financing statement. That protects you if questions arise later.

Use it for vehicles bought at auction, private, or public. Auction documents can be brief. The affidavit locks in the facts of the deal. It also records any disclosures, such as salvage status.

If you purchased an out‑of‑province vehicle, use the affidavit. It confirms the sale terms and price in Newfoundland and Labrador. This is helpful when the seller’s documents do not match local needs.

If a power of attorney or court order authorized the transfer, use the affidavit. It identifies the authority and scope. It states the date and how the authority was used. You attach the power of attorney or order.

Typical users include buyers, sellers, executors, administrators, and attorneys‑in‑fact. Lawyers and paralegals often prepare the form. Commissioners for Oaths administer the oath. You sign it in their presence.

Legal Characteristics of the Affidavit – Sale/Acquisition of a Motor Vehicle

The affidavit is a sworn legal document. It is legally binding because you swear or affirm its contents. It is signed before an authorized official. In Newfoundland and Labrador, that includes Commissioners for Oaths and Notaries Public. A Justice of the Peace can also take the oath.

The affidavit forms part of your registration record. It helps the government confirm ownership, price, and vehicle details. It supports the assessment of tax. It is not a contract by itself. It records facts about a contract or transfer. It does not replace other required documents. You still need proper identification and proof of insurance to register.

Enforceability depends on proper execution. You must sign before the authorized official. You must show valid identification. The official must complete the jurat. The jurat states the place, date, and who swore the document. The official signs and adds any required seal or expiry date. Without a proper jurat, the affidavit may be rejected.

Accuracy is key. The VIN must be exact. Names must match identification. Dates must be correct. Prices must reflect the actual consideration. You should avoid blanks and strikeouts. If you must correct an entry, initial the change. Use ink that is clear and permanent.

The government can review the declared price. It can assess tax based on price or value. If the vehicle has unusual damage, explain it. Support the explanation with an appraisal or repair estimate. The affidavit does not guarantee tax acceptance by itself. It helps the reviewer understand the facts.

False statements carry penalties. You swear to tell the truth. If you lie, you may face fines or other sanctions. This risk applies to both the buyer and the seller who sign. It also applies to anyone who swears on behalf of a party.

You should not sign in advance. You must sign in the presence of the official. The official must see you sign. Remote commissioning may be available in some cases. The rules for remote commissioning are strict. If you use remote commissioning, follow the form’s instructions.

If the vehicle has a lien, state it. Include the lender’s name and account number. Attach a lien release if paid out. If the lien remains, include consent if the transfer proceeds. The affidavit helps everyone see the encumbrance. It reduces later disputes.

Keep the original affidavit safe. The registration agent may need to see the original. Copies may not be accepted. If you need copies, make them after signing. Mark them as copies to avoid confusion.

How to Fill Out an Affidavit – Sale/Acquisition of a Motor Vehicle

Follow these steps to complete the form. Read each section before you start. Write clearly in block letters if completing by hand.

1) Gather your documents.

• Photo identification for each person who will sign.
• Any bill of sale, even if incomplete.
• The vehicle registration certificate, if available.
• Proof of payment, such as an e‑transfer or a receipt.
• Any lien release or lender consent.
• Appraisals or repair estimates if the vehicle is damaged.
• Power of attorney, probate, or court orders, if applicable.
• Insurance details for the new owner, for registration later.

2) Identify the parties.

• Enter the seller’s full legal name and address. Use the exact name on their ID.
• Enter the buyer’s full legal name and address. Use the exact name on their ID.
• If a business is a party, use the legal entity name. Include its business number if known.
• Suppose you act under a power of attorney, state that capacity. Attach a copy as a schedule.
• If you act as executor or administrator, state your role. Attach your proof of authority.

3) Describe the vehicle.

• Enter the full 17‑character VIN. Check it twice.
• Enter make, model, body type, and year.
• Enter the color and plate number, if applicable.
• Enter the current odometer reading. Note the unit (kilometres).
• If the odometer is broken or replaced, note that fact.

4) State the type of transfer.

• Select sale, gift, trade, lease buyout, repossession, or court‑ordered transfer.
• If other, describe it clearly. Keep it short and specific.

5) State the price or value.

• Enter the purchase price in Canadian dollars.
• If a trade‑in was part of the deal, describe it. State its agreed value.
• If the vehicle was a gift, state $0 and note “gift.” Explain the relationship.
• If the vehicle is non‑running or damaged, describe the condition. Attach proof.

6) Record the transaction date.

• Enter the date the parties agreed to the transfer.
• Enter the date the buyer took possession, if different.
• Enter the date the money changed hands, if different.

7) Disclose liens and encumbrances.

• Check the box that states there are no liens if true.
• If there is a lien, provide the lender’s name and contact details.
• Attach a lien release or payout statement, if available.
• If the lien remains, state how it will be handled.

8) Explain special circumstances, if any.

• Use the space to explain missing documents or unusual facts.
• Example: “Bill of sale lost during move.”
• Example: “Vehicle sold as parts only, not roadworthy.”
• Keep the explanation clear and factual. Avoid opinions.

9) Attach supporting schedules.

• Label each attachment as a schedule (Schedule A, B, C, etc.).
• Refer to each schedule in the body of the affidavit.
• Common schedules include a bill of sale copy, appraisal, lien release, POA, probate, or court order.
• Ensure each schedule is legible and complete.

10) Read the declarations.

• Read each statement on the form. Make sure it is true.
• Confirm you understand you are swearing under oath.
• Confirm you understand the consequences of false statements.

11) Sign before an authorized official.

• Do not sign until you are in front of the Commissioner or Notary.
• Bring photo ID. The official may record the type of ID.
• The official will ask you to swear or affirm the contents.
• Sign in ink in the space provided. Use your usual signature.
• Each person who makes statements in the affidavit must sign.

12) Have the jurat completed.

• The official completes the jurat. It shows the date and place of swearing.
• The official adds their name, signature, and title.
• The official adds a stamp or seal if required. Commissioners include their expiry date, if applicable.
• Check that the jurat is complete before you leave.

13) Review the form for accuracy.

• Check names, addresses, VIN, and price. Confirm all are correct.
• Check that all required boxes and fields are completed.
• Initial any corrections near the change. Avoid using whiteout.

14) Keep and use the affidavit.

• Keep the original in a safe place.
• Present the affidavit when you register the vehicle.
• Bring your other documents, including ID and insurance, for registration.
• If the office keeps the original, keep a copy for your records.

Practical tips to avoid delays

Write clearly. If you can, type the form. Use black or blue ink if you write by hand. Make sure each number in the VIN is readable. Confusing 5 and S, or 0 and O, may lead to delays.

Use full legal names. Avoid nicknames or short forms. Match names to ID documents. If a name has changed, attach proof of the name change.

Be consistent with dates. Use the same transaction date across your documents. Inconsistency raises questions.

Explain low prices. If the vehicle is cheaper than typical, say why. Support it with a short note from a mechanic or an appraisal.

Confirm lien status. Do not assume a lien is cleared. Ask for proof. Attach the release if the loan is paid. If a lien remains, note the plan to pay it.

Do not leave blanks. If a field does not apply, write “N/A.” Blank fields can cause rejection.

Have both parties attend if possible. Having both signatures can speed acceptance. If one party cannot attend, explain why. Follow the form’s instructions for single‑party affidavits.

Bring all attachments. Missing schedules cause delays. Label schedules clearly. Refer to them in the affidavit.

Avoid alterations. If you must correct a field, draw a single line through the error. Write the correct entry. Initial the correction.

Example walkthrough

You bought a 2014 Honda Civic from a neighbor for $2,000. It needs a transmission. The handwritten bill of sale lists only names and a price.

On the affidavit, you list both parties with full addresses. You enter the VIN, make, model, and year. You record the odometer reading. You check “sale.” You enter $2,000 as the price. In the notes, you state “Transmission slipping; not roadworthy.” You attach a mechanic’s estimate for $2,400. You and the seller sign before a Commissioner for Oaths. The Commissioner completes the jurat with date, place, and stamp. You keep the original. You bring it to register the vehicle and pay tax.

This process confirms the facts of your deal. It helps explain the low price. It supports a fair tax assessment.

Final check before you swear

Read the entire form once more. Confirm each fact is correct. Confirm every attachment is present. Confirm ID details match the names on the form. Once sworn, changes are harder. Taking one extra minute saves time later.

With the affidavit complete, you have a clear, sworn record of your vehicle transfer. You are ready to register the vehicle in Newfoundland and Labrador and move forward with confidence.

Legal Terms You Might Encounter

• An affidavit is a written statement of facts that you swear or affirm are true. In this form, you confirm key details about the sale or purchase of a vehicle. You also confirm your identity and your role in the transaction.
• The deponent is the person who signs the affidavit. If you are the seller or buyer, you are the deponent. You must sign in front of an authorized official.
• To swear or affirm means you make a formal promise that your statement is true. Swearing uses an oath. Affirming uses a solemn declaration. Both have the same legal effect on this form.
• A Commissioner for Oaths is an official who can take your oath or affirmation. You sign the affidavit in their presence. They verify your identity and complete their section.
• A Notary Public is another official who can take your oath or affirmation. A notary can also certify copies of documents. Either a commissioner or a notary can complete this form.
• Consideration is what you give in exchange for the vehicle. It is usually the purchase price. It could also be a gift or a trade. You must state the consideration clearly on the form.
• A Vehicle Identification Number (VIN) is the vehicle’s unique 17-character code. It appears on the dashboard and on the door pillar. You must copy the VIN exactly. One wrong character can block your transfer.
• An encumbrance or lien is a claim on the vehicle by a lender or another party. If a lien exists, the lender can repossess the vehicle. You must disclose any lien and attach proof of discharge if paid.
• The odometer reading is the distance the vehicle has traveled. You record it at the time of sale. Use numbers only. Do not guess. If the odometer is broken or replaced, you must say so.
• The owner of record is the person named on the registration as the owner. You must match that name on this form. If you sign for someone else, you need proof of your authority.
• Power of Attorney is a document that lets you act for another person. If you sign the affidavit on their behalf, attach a copy. The power must cover vehicle transactions.
• Rebuilt or salvage status shows major repairs after damage. If the vehicle has such a status, disclose it. Use the exact status that appears on the records. This helps prevent disputes later.

FAQs

Do you need this affidavit for a private sale?

Yes, you usually need it when transferring a vehicle in a private sale. It confirms the sale details and your identity. It also helps prevent fraud. You file it with your registration transfer documents.

Do you have to sign in front of a commissioner or notary?

Yes. You must sign in front of a Commissioner for Oaths or a Notary Public. Do not sign in advance. Bring your photo ID. The official will complete their section after you sign.

Do the buyer and seller both need to complete an affidavit?

In many private sales, only one affidavit is required. The party making the declaration completes it. If the transfer office asks for both sides, complete one each. Follow the instructions on the form package.

Do you need an odometer reading if the vehicle is old?

Yes. Record the current reading as shown on the odometer. If it is not accurate or not working, state that clearly. Never estimate a number without a note.

Do you use this form for a gift or a family transfer?

Yes. You can use it to declare a gift or a no‑charge transfer. State the consideration as “gift” or “no charge,” as applicable. Attach any supporting relationship proof if requested.

Do you need a lien release if the vehicle had financing?

Yes. If a lien was registered, attach a discharge or letter from the lender. Without it, the transfer may stall. Check for liens before you buy.

Do you need a new affidavit if you find an error after signing?

Usually, yes. Once sworn, you should not change the document. Prepare a new affidavit with the correct information. Sign again before a commissioner or notary.

Do you need this affidavit for an out‑of‑province vehicle?

Often, yes, along with proof of ownership and compliance checks. The transfer office may ask for extra documents. Bring the bill of sale and any import or inspection papers.

Checklist: Before, During, and After the Affidavit

Before signing: information and documents to gather

• Government‑issued photo ID that matches the form name.
• Vehicle details: VIN, year, make, model, body type, color.
• Current odometer reading, as displayed at sale.
• Licence plate number, if staying with the vehicle.
• Purchase price or other consideration (gift or trade).
• Full legal names, addresses, and contact details for both parties.
• Bill of sale or proof of ownership.
• Lien release or discharge letter, if financing existed.
• Power of attorney, if signing for someone else.
• Any inspection or status documents, if applicable.
• The exact date and location of the transaction.
• A clean, legible copy of any supporting documents.

During signing: sections to verify

• Your name and address match your ID.
• The VIN is copied exactly from the vehicle or ownership.
• The odometer reading is accurate and includes units if asked.
• The purchase price or consideration is clear and correct.
• Lien information is complete, with discharge attached if paid.
• The date and place of signing are filled in.
• You sign only in front of the commissioner or notary.
• The commissioner or notary completes their full section.
• No blanks remain that could be filled later.
• All attached pages are referenced on the form, if required.

After signing: filing, notifying, and storing

• Make two clear copies of the signed affidavit.
• Submit the original with your vehicle transfer or registration package.
• Keep one copy of your bill of sale.
• Give the other copy to the other party for their records.
• Confirm the transfer office has all the required documents.
• Update or start insurance coverage before you drive.
• Remove or transfer plates as rules require.
• Record the transaction date for tax and record purposes.
• Store your copy in a safe, dry place for at least seven years.

Common Mistakes to Avoid

• Don’t sign before you meet the commissioner or notary. If you do, your affidavit is invalid. You will need to redo it, which delays the transfer.
• Don’t guess the VIN or odometer. Wrong VIN digits can block the transfer. A false odometer reading can cause penalties and disputes.
• Don’t leave blanks or use white‑out. Gaps invite rejection. Cross out errors with a single line and initial. Or start a new form.
• Don’t skip the lien section. If a lien exists and you do not disclose it, the buyer may face repossession. You could face claims.
• Don’t use nicknames or short forms for names or addresses. Mismatches with ID can cause rejection. Use full legal names and complete addresses.

What to Do After Filling Out the Form

1. Review every field for accuracy. Check names, VIN, odometer, and consideration. Confirm all attached documents are listed on the form if needed.
2. Book a meeting with a Commissioner for Oaths or a Notary Public. Bring your valid photo ID and the unsigned affidavit. Sign only in their presence. Let them complete their section.
3. Make copies of the fully signed affidavit. Keep the original pages in order. If you have multiple pages, number them clearly.
4. Assemble your transfer package. Include the signed affidavit, bill of sale, proof of ownership, and lien release if required. Add any inspection or status papers, if applicable.
5. Submit your package with your vehicle registration transfer. Pay any applicable fees when you file. Ask for a receipt and a copy of any stamped documents.
6. Update your insurance. Confirm coverage starts before you drive the vehicle. If you are the seller, cancel or adjust your policy once the transfer is complete.
7. Handle plates according to the rules. Remove plates that must stay with the owner. Return or transfer plates as required. Avoid driving without valid plates.
8. If you discover an error after swearing, do not alter the document. Prepare a new affidavit with the correct details. Swear or affirm again before a commissioner or notary.
9. If the transaction falls through, keep the affidavit on file. Do not use it for a different vehicle or date. Complete a new form for any new transaction.
10. Retain records. Store the affidavit, bill of sale, and confirmations in a secure place. Keep them for your records in case of audits or disputes.