Questions to ask a private seller before you buy a used car
The most useful questions to ask a private seller are the ones a document can answer: whose name is on the title, whether a lender still has a claim, what the VIN search shows, and whether the mileage is real. Ask them before you talk price, and ask to see the paper behind each answer.
A dealer has to hand you a Buyers Guide. A private seller usually does not. The Federal Trade Commission (FTC) says private sales usually fall outside the implied warranties of state law, so "a private sale probably will be on an 'as is' basis" unless your agreement says otherwise. Your questions, and what you put in writing, are most of the protection you get.
| Ask the seller | What proves the answer |
|---|---|
| Is the title in your name, and can I see it now? | The paper title, matched against the seller's photo ID |
| Is there any loan or lien on the car? | The lienholder line on the title, plus a lien release if a lender is listed |
| Does the VIN match everywhere? | The VIN on the dashboard, the driver's door jamb, and the title |
| Are there open recalls? | A VIN search on the NHTSA recall lookup |
| What does the title history show? | An NMVTIS vehicle history report |
| Is the mileage actual? | The odometer section of the title, compared with service records |
| Will it pass smog or safety inspection where required? | A recent passing test report |
| Can my mechanic inspect it? | A written report that lists the make, model, and VIN |
| Do you have maintenance records? | Receipts or a shop printout |
Start with the title, because nothing else matters if it fails. The name printed on the front should match the ID of the person standing in front of you. A title signed by someone else and handed along is called title jumping, and it leaves you holding a document the seller never owned. If the seller says the title is at home or still in the mail, stop there.
The lien question comes next. A lender listed on the title still has an interest until it signs a release. Ask for the release letter or a title that shows no lienholder. A verbal promise that the loan is paid off will not get the car registered in your name.
The recall check takes two minutes and costs nothing. Enter the 17-character VIN at the National Highway Traffic Safety Administration (NHTSA) recall lookup, and it tells you whether that specific car has an unrepaired safety recall. A clean result reads "0 unrepaired recalls associated with this VIN." NHTSA monitors each recall so owners receive a safe, free remedy, which makes an open recall a scheduling issue more than a price issue.
The history report answers questions the seller may not know or may not volunteer. The National Motor Vehicle Title Information System, run under the Bureau of Justice Assistance (BJA) at vehiclehistory.bja.ojp.gov, pulls title, odometer, and certain damage records reported by states, insurers, and salvage yards. Our walkthrough of running a VIN check before a private sale shows how to read one.
Inspections are where buyers cut corners. The FTC notes that many states do not require private sellers to make sure a car will pass state inspection before they list it. If your state tests emissions or safety at registration, ask whether the car has a recent passing report, and ask whether your mechanic can look at it before you pay. The FTC also suggests asking for maintenance records from the owner or the repair shop, since a stack of oil change receipts with mileage on each one doubles as an odometer check.
A worked example
Marcus finds a 2014 Ford Escape listed at $8,200. The title is in the seller's name, but it lists a credit union as lienholder. The seller says the loan was paid two years ago, so Marcus asks for the release letter before going further. The seller gets a copy from the credit union the next day.
The NHTSA search shows one unrepaired recall, which a Ford dealer can repair at no charge. The NMVTIS report shows no salvage or flood brand, and its most recent odometer entry, 91,880 miles, sits below the 96,412 on the dashboard, which is the direction mileage should move. A report showing a higher number than the dash would have ended the deal. Marcus's mechanic finds worn front brakes and writes a $380 estimate. Marcus offers $8,200 minus $380, or $7,820, and the seller accepts.
What to put in the bill of sale
Since a private sale is usually as is, the written agreement is where any promise lives. The FTC puts it simply: if you have a written contract, the seller must live up to the promises stated in it. A vehicle bill of sale should carry the price, the date, both names and addresses, the year, make, model, and VIN, and the odometer reading. Marcus adds one clause in plain words, and you can copy it:
Seller states that the title is in Seller's name and free of all liens, that the odometer reading of 96,412 miles is the actual mileage to the best of Seller's knowledge, and that Seller knows of no salvage, flood, or rebuilt brand on this vehicle. Except for these statements, the vehicle is sold as is.
If the seller will not sign a sentence like that, you have learned something useful before money changes hands. Hand over payment only when the signed title, the lien release, and the signed bill of sale are all on the table, and keep a photo of each one.
Sources
Frequently Asked Questions
Does a private seller have to give me an FTC Buyers Guide?
Usually not. The FTC says anyone who sells or offers fewer than six cars in a year does not have to post a Buyers Guide. You can still use the guide's list of major vehicle systems as a shopping checklist.
Will the NHTSA recall search show every recall on the car?
No. The VIN search skips recalls more than 15 years old, recalls by some small manufacturers, and newly announced recalls whose VINs are not loaded yet. Run the search again shortly before you pay.
Is an NMVTIS report free?
No. Approved providers charge a small fee for each report. The FTC also points buyers to the National Insurance Crime Bureau, which keeps a free database that includes flood damage records searchable by VIN.
Along with his duties at YourLeaseAgreement, Paul Oak is a writer covering private sale transactions, vehicle transfers, and consumer legal documents. He breaks down state-by-state requirements into plain English so buyers and sellers can navigate the paperwork without hiring a lawyer. When he's not researching DMV forms and title transfer deadlines, he's probably arguing about which state has the worst bureaucracy.
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