how to sell a car as a power of attorney in virginia

by Prof. Mckayla Schneider II 7 min read

Record the change of ownership on the car title Fill out the DMV power of attorney form (VSA 70) Submit it to the DMV clerk, along with the car title

Here is how you can change ownership with a DMV power of attorney document in Virginia:
  1. Record the change of ownership on the car title.
  2. Fill out the DMV power of attorney form (VSA 70)
  3. Submit it to the DMV clerk, along with the car title.
  4. Pay the title fee to change the name of the owner.

Full Answer

Can I Sell my Car with a power of attorney?

Use SellMax: Sell Your Car Quick! If you’ve recently been given the power of attorney to help a friend or relative sell their vehicle, you’re probably dreading the process already. It can take a long time to sell a vehicle and you might not get the amount of money you’re asking for. But what else can you do? Sell your car to SellMax!

What is a Virginia motor vehicle power of attorney?

Virginia Motor Vehicle Power of Attorney (Form VSA-70) is a form put our by the Virginia Department of Motor Vehicles for the purposes of appointing another to handle your motor vehicle registration, transfer and titling issues on your behalf.

How do I sell a car in Virginia?

The sale price of the vehicle. The buyer will also need to sign the title to complete the transfer of ownership. Don't forget to remove your license plates and let the Virginia DMV know of the sale. You can notify the agency online, by phone, or by dropping by a service office.

Why do you need a vehicle power of attorney?

A vehicle power of attorney helps to protect a new buyer of a vehicle. In normal circumstances, the vehicle’s title would be transferred over to the new buyer and the deal would be done.

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Do you need a notary to sell a car in Virginia?

Does a vehicle title have to be notarized in Virginia? No. A notary does not have to witness the buyer and the seller signing the vehicle title for any in-state private party transfer.

How do I transfer car title in Virginia?

What You'll Need to Do to Transfer your Vehicle Title in VirginiaVisit the DMV near your area. Consider making a DMV appointment or getting a line waiting concierge.Submit the documents.Pay the fees.Record the odometer reading.Select electronic or paper title.

Can I title a car for someone else in Virginia?

A title transfer is simple with both parties are present, and paperwork ready. The transfer should happen within 30-days of the transaction else you may need to pay a late fee. Every vehicle transferred requires a safety (emissions) inspection done at a local VA DMV.

How do I get power of attorney in Virginia?

Steps for Making a Financial Power of Attorney in VirginiaCreate the POA Using Software or an Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent. ... File a Copy With the Land Records Office. ... Consider Giving a Copy to Financial Institutions.

Does Virginia require notarized title?

If you are listed as the legal heir and/or inherit a vehicle from a will, you need to submit the following vehicle title transfer documents in person at your local VA DMV office: A certified or notarized copy of the death certificate. The vehicle title.

Is it better to sell or gift a car in Virginia?

Gifts given for any other reason may be subject to Sales and Use tax. Is it better to gift a car or sell it for $1 in Virginia? The DMV has a gift process for a reason—it's the most legitimate way to transfer a car as a gift in Virginia, and the safest bet if you're not planning to sell the car for a fair market price.

Is a bill of sale required in Virginia?

Unlike many other states, Virginia does not require a bill of sale to sell your car. That being said, a bill of sale is a legal record that proves the transaction was carried out. Therefore, it's suggested that a bill of sale is created for the benefit of both the buyer and the seller.

Do you pay sales tax on a gifted car in Virginia?

Gift of a vehicle from child to parent There is no Sales and Use exemption available for a gift from child for parent. Such a transfer is subject to a fee of 3% of the sales price or $35 whichever is greater. You can document the sale at $0.

How do you transfer title on a car?

First, the seller has to release ownership of the car by signing the title. The buyer then takes the signed title to the DMV, and the state issues a new registration and title. Some states might require additional paperwork to complete the process, such as a bill of sale or a transfer of ownership form.

Can a notary notarize a power of attorney in Virginia?

THE NOTARY'S POWERS - Virginia notaries may notarize powers of attorney and wills. - Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates.

Does a power of attorney have to be recorded in Virginia?

A POA used for real estate purposes may need to be recorded: Virginia Code § 64.2- 1603 provides that “in order to be recordable [a POA] shall satisfy the requirements of § 55-106.” Recordation requirements as set forth in Virginia Code § 17.1-223 may require the surnames of the Principal and Agent be capitalized and ...

Does power of attorney need to be notarized?

Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.

Can you gift a car in VA?

If you receive a vehicle as a gift or donation, ensure that Section A of the title has been completed, including the signature of the owner, and that "gift" appears as the sale price on the title.Visit your local DMV to title the vehicle.

How do I get power of attorney in Virginia?

To create a POA in Virginia, you must be at least 18 years of age and have the capacity to make decisions and understand what you are doing. You complete the form, naming your agent and choosing the powers you want to give them. You must choose the powers you are specifically granting to your agent.

Can you get a title with a bill of sale in Virginia?

You will only receive a Virginia registration card. You will not receive a Virginia title until you submit the out-of-state title to the Virginia DMV.The proof of purchase may be a buyer's order, bill of sale, or the seller's declared sale price on the title.

What to do when you sell a car in Virginia?

Sign your vehicle title over to the buyer/recipient. Hand over the title to the buyer / recipient. Remove your license plates from the vehicle. Notify DMV that you have sold, traded or donated the vehicle. Notify the insurance company that you sold, traded or donated the vehicle.

Why would a car dealership need a power of attorney?

The purpose of the power of attorney is to enable the dealership to apply for a title in your name.The power of attorney allows them to take care of the title transfer without you having to be present.

What is POA when buying a car?

The Power of Attorney for Vehicle Transactions is a document giving an attorney in fact the authority to conduct vehicle titling and registration related transactions on behalf of an owner or registrant.

Is a handwritten bill of sale Legal?

Can a Bill of Sale Be Handwritten? A bill of sale is a legal document that verifies you have sold your car and provides basic information about the vehicle or any other item and the terms of the sale.As, with any legal written document a bill of sale can be handwritten.

Why does a power of attorney end?

These can include if the principal passes away, if the principal revokes it, if the principal divorces their spouse who is the agent, if a court invalidates the document, or if the agent cannot carry out the agreed upon responsibilities.

What is a motor vehicle power of attorney?

It is a legal avenue through which an individual who owns a can can delegate the responsibilities of titling, registering, purchasing, or selling the vehicle on their behalf.

How much does it cost to notarize a power of attorney?

Even if you live in a state that does not require this, it makes it much simpler for the agent if a notary’s signature and seal are on the document. The notary fee will vary from state to state but generally costs between $2 to $20 per signature.

How long does a power of attorney last?

In the event that this happens, the only way the agent can keep their powers is if the power of attorney was written with an indication that it is “durable.” This is an indication that the power of attorney will last for the principal’s lifetime, unless revoked by them.

What is a POA?

A power of attorney, otherwise known as a POA, is a type of legal document that gives one person (the agent) the power to act on another individual’s (the principal) behalf. The agent may have a wide range of legal authority or limited authority to make legal choices about the principal’s property, including car, finances, and medical care.

How to create a power of attorney?

A more suitable way to begin the process of creating a power of attorney is by hiring an attorney who specializes in family law in your state. Most states require that the principal’s (or the person who created the power of attorney) signature is notarized.

How to write a power of attorney for a vehicle?

Once you have gotten the appropriate form for your state, you can either use a software program to fill it out digitally or you can print it out and fill it out by hand. The very first piece of information that you will need to fill out will be the date.

What is a POA in Virginia?

A POA is a simple document that grants specific powers to someone you trust—called an "agent" (and sometimes an "attorney-in-fact") in Virginia—to handle certain matters for you.

What happens if you divorce your ex-spouse in Virginia?

You file for divorce. In Virginia, if you file for divorce and your ex-spouse is named as your agent in your POA, that designation automatically ends. If you named a successor agent, that person would become your agent.

When is POA effective?

Your POA is effective immediately unless it explicitly states that it takes effect at a future date or upon a future event.

Where to file POA in Virginia?

If you gave your agent the power to conduct real estate transactions, you should also file a copy of your POA in the land records office (a division of the circuit court clerk's office in Virginia) in the county where you own real estate. This will allow the circuit court clerk's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.

Can you sign a POA in Virginia?

As mentioned above, you can't simply sign the document and call it a day. In Virginia, you must have the POA notarized for it to be effective.

Is a POA valid in Virginia?

For your POA to be valid in Virginia, it must meet certain requirements.

Is a power of attorney durable in Virginia?

In Virginia, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (Va. Code § 64.2-1602.)

Durable Power of Attorney Virginia Form – Adobe PDF

The Virginia durable power of attorney form, otherwise known as a financial power of attorney form, enables a principal to choose a representative who will have the authority to manage their finances.

General Power of Attorney Virginia Form – Adobe PDF

The Virginia general power of attorney form is a legal instrument that allows a person to select someone else, referred to as an “agent,” to handle all facets of their finances on their behalf. The agent is permitted to use these unrestricted powers as long as the person designating authority, known as the “principal,” is coherent.

Limited Power of Attorney Virginia Form – Adobe PDF

The Virginia limited power of attorney form is used to select an agent to handle certain financial actions or decisions as described by the principal. The form can be made to grant restricted access to one’s personal affairs such as collecting mail, handling a real estate transaction, or paying bills on the principal’s behalf.

Medical Power of Attorney Virginia Form – Adobe PDF

The Virginia medical power of attorney form is a health care plan consisting of two parts. The first section, the Living Will, will be used to specify the conditions under which the principal does or does not consent to the various critical life-saving medical treatments.

Minor (Child) Power of Attorney Form Virginia – PDF

The Virginia minor child power of attorney form is a document that grants temporary guardianship rights to a Virginia resident. A parent or legal guardian may fill out the power of attorney form if they anticipate a situation wherein they will be unable to provide the attention necessary to care for their child.

Real Estate Power of Attorney Virginia Form – PDF – Word

The Virginia real estate power of attorney, once signed by an agent and the principal, provides the former party with the ability to represent the latter in the transfer and maintenance of real property in the State of Virginia.

Tax Power of Attorney Virginia – Form PAR 101- Adobe PDF

The Virginia tax power of attorney form, also known as Form PAR 101, allows an individual to select another person to file their taxes with the Department of Taxation. The appropriate person to appoint for this position is a Certified Public Accountant (CPA) or Tax Attorney due to their knowledge in the field.

What does "demand" mean in a legal document?

1. Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;

What happens when a power of attorney becomes effective?

If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

What does "agent" mean in a power of attorney?

For the purposes of this chapter, unless the context requires otherwise: "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.

Who is responsible for the management of the principal's property?

B. If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.

When is a power of attorney effective?

A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

Is a power of attorney durable?

A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.

Is a predecessor agent liable for the actions of another agent?

Except as otherwise provided in the power of attorney and subsection D, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

How to notify the DMV of a car sale in Virginia?

Don't forget to remove your license plates and let the Virginia DMV know of the sale. You can notify the agency online, by phone, or by dropping by a service office. Similarly, make sure to inform your insurance company that you've sold your car.

How long is a VA registration good for?

If your vehicle registration is still good for 6 months or more, you can request a refund from the DMV by filling out a Vehicle Registration Refund Application (Form FMS 210) and bringing or mailing it along with the license plates to any VA DMV customer service center .

What is a VIN report?

Shoppers for used cars often seek out vehicle history reports to assess a particular vehicle. Obtainable with the vehicle identification number (VIN), these reports provide details on the car's history, including: Accidents. Complications on the title. Flood damage.

What happens if you have a lien on your car?

If there's an active lien on the vehicle, the lien holder will need to submit the application and receive the replacement title. If the lien's been satisfied, you'll need to include proof of that fulfillment.

Can you transfer license plates after sale?

You'll keep your license plates when you transfer ownership of the car to the buyer. You can either transfer the plates to another vehicle registered in your name, or dispose of them either on your own or at a Virginia DMV service center .

Do you need a buyer for a title transfer?

Before you need to worry about the protocol for the title transfer, of course, you must find a ready and willing buyer for your car. How do you reach used-car shoppers, and how do you entice them with a competitively priced vehicle that still provides some fair return for you? For some general car-selling tips, check out our Guide to Selling Your Car .

Can you order a vehicle history report yourself?

As the seller, it's important to understand how this resource can affect a sale. It may even be a good idea to order a report yourself and use it as a sales tool, if your vehicle is in pretty good shape. For more information, visit our Vehicle History Reports page.

What to do if your car title is stolen?

If your title is lost or stolen, the DMV can issue you with a replacement title. To order a replacement, you’ll have to fill out an Application for Replacement of Substitute Title, DMV form VSA 67. In the event of joint ownership, form VSA 67 will require the signatures of all owners.

How to close a deal once you have accepted payment?

Once you have accepted payment, you’ll need to fill out the title. Complete the seller’s section of the document and have the buyer fill out their information as well.

What counties in Virginia do you need to inspect a car?

Northern Virginia refers to Arlington, Fairfax, Loudoun, Prince William, and Stafford counties. It also includes the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park. Hybrid vehicle owners are subject ...

How long do you have to return your license plate to the DMV?

In addition, if you have more than six months left in your registration period at the time of the sale, you can receive a partial refund on your registration fee. In order to redeem, you’ll need to return the plates along with a completed form FMS-210 to your local DMV office.

How to list a car online?

The easiest way to do this in today’s digital world is to use an online marketplace. If possible , try and list your car on two or three platforms since you’ll get exposure to more potential buyers. Provide the make, model, and year of the vehicle, as well as the odometer reading. Also, include several pictures of the car, so people have a good idea of its overall condition. Interior shots and engine shots are also helpful.

What happens if you don't own a car?

If you do not own your car outright and have a lien on your vehicle, you’ll have to resolve that balance before making the sale. This also means waiting for a new title to be issued, so it’s best to try to pay off your lien as soon as possible to avoid any complications.

Do you need an emissions inspection in Virginia?

Depending on what part of Virginia you reside in and what type of vehicle you drive, you will likely need an emissions inspection to sell your car. This is a legal requirement for all gas-powered cars that are less than 25 years old and for most diesel vehicles as well.

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