Melanie J asked:


I will be out of town, and I want my parents to have power of attorney to sell my car for me. What are the procedures for getting this? Will there be any fees or tax consequences?

Tax Debt Relief

Comments

Go Broncos on 6 March, 2008 at 2:48 pm #

Power of Attorney’s do not work like this unless it is death problem in which then a death certificate is required. The reason why, the person on the title must sign off as the seller because the according to title 49 chapter 580 of the federal odometer code it must be printed on a secure paper. Yes they have power of attorney’s that are secure, but they can ONLY be used when thier is a lein on the title or when you have applied for duplicate title. And these power of attorney’s generally are for dealers only.

That form Fire sent over is a gift form and not a power of attorney. You fill that out and your parents will have to register the car.

This is out of the federal guidline here.

580.4 Security of title documents and
power of attorney forms.
Each title shall be set forth by means
of a secure printing process or other secure
process. In addition, power of attorney
forms issued pursuant to
§§ 580.13 and 580.14 and documents which
are used to reassign the title shall be
issued by the State and shall be set
forth by a secure process.
[54 FR 35887, Aug. 30, 1989]

The key word here is secure paper. That other from you can print is not secure.

Here is the definition:

Secure printing process or other secure
process means any process which deters
and detects counterfeiting and/or unauthorized
reproduction and allows alterations
to be visible to the naked eye.

Secure paper or car title has many protections to try to keep them counterfieting. Such as you take a Black Light under any secure paper, you will see things that you can not see with the naked eye. Last time I attended a training meeting with a federal investigator with the United States Department Of Transportation odometer Fraud Division, I think he said there are 84 items to look for in secure paper.

Use form VR-279 It is secure, but probably used only by a dealer and not a private party.

If the vehicle is over 10 years old, no secure odometer is needed as it will become exempt.

Secure Paper comes up again here.

580.13 Disclosure of odometer information
by power of attorney.
(a) If the transferor’s title is physically
held by a lienholder, or if the
transferor to whom the title was issued
by the State has lost his title and the
transferee obtains a duplicate title on
behalf of the transferor, and if otherwise
permitted by State law, the transferor
may give a power of attorney to
his transferee for the purpose of mileage
disclosure. The power of attorney
shall be on a form issued by the State
to the transferee that is set forth by
means of a secure printing process or
other secure process, and shall contain,
in part A, a space for the information
required to be disclosed under paragraphs
(b), (c), (d), and (e) of this section.
If a State permits the use of a
power of attorney in the situation described
in § 580.14(a), the form must
also contain, in part B, a space for the
information required to be disclosed
under § 580.14, and, in part C, a space for
the certification required to be made
under § 580.15.


fire4511 on 8 March, 2008 at 12:05 am #

You will need the to have the POA notarized, and include the name of the person (your parent) who is authorized to sign the title, and the information about the car (year make model VIN)

There are no fees or tax consequences, but it will make it more dificult to sell the vehicle. I know that if I am not dealing with the registered owner, I am hesitant to make the purchase.

If you own the vehicle free and clear (no lien) another alternative is to use the gift form (VR 103) to assign the title to one or both of your parents. They can then have a title issued in their name(s) and can sell the car without the need for a POA. No tax is required, the only cost is the title fee which the boy governor raised to $50.00


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