power of attorney when buying a car from used car dealer

by Viola Bartoletti 7 min read

The purpose of the power of attorney is to enable the dealership to apply for a title in your name. It's not uncommon for the dealership not to have a title in their hands when they sell the car to you. The power of attorney allows them to take care of the title transfer without you having to be present.

A power of attorney form is a document that authorizes someone else to perform legal acts on your behalf. You may authorize an agent, for example, to purchase a vehicle in your name. If you do, you will be legally bound to the purchase as soon as the agent signs the purchase contract in your name.

Full Answer

Can you buy a car with a power of attorney?

A power of attorney form is a document that authorizes someone else to perform legal acts on your behalf. You may authorize an agent, for example, to purchase a vehicle in your name. If you do, you will be legally bound to the purchase as soon as the agent signs the purchase contract in your name. Principal and Agent

What can you do with a power of attorney?

Nov 13, 2017 · Posted on Nov 13, 2017. There is a standard DMV form for power of attorney to process the DMV papers to ensure the title is correctly transferred to the buyer/lessee and any applicable lienholders indicated. That does not give the seller the power to sign other documents on the buyer's behalf or to redo the contract paperwork.

What can a power of attorney really do?

Jul 02, 2014 · The purpose of the power of attorney is to enable the dealership to apply for a title in your name. It's not uncommon for the dealership not to have a title in their hands when they sell the car to you. The power of attorney allows them to take care of the title transfer without you having to be present. 1 found this answer helpful

What can I do with power of attorney?

Chapter 1 General Registration Information 1.125 Signature by Power of Attorney (POA) (CVC §1652) A POA is a written document whereby one person (the principal) conveys to another the right to act for that person as attorney-in-fact. A POA may be used to release ownership on a title or bill of sale. As referenced in […]

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What should you not say when buying a used car?

5 Things Not to Say When You're Buying a Car'I love this car! ''I've got to have a monthly payment of $350. ''My lease is up next week. ''I want $10,000 for my trade-in, and I won't take a penny less. ''I've been looking all over for this color. 'Information is power.

What are the pros and cons of buying a used car from a dealership?

Pros and cons of buying a used carLower prices. ... Smaller loan amount. ... High-quality options. ... Quicker payoff. ... Reliability. ... Private-party purchase may not come with warranty. ... Choice may be more limited. ... Rates may be higher.Mar 13, 2020

Does CA DMV power of attorney need to be notarized?

A California DMV power of attorney doesn't need to be signed by witnesses or notarized to be valid.

In what types of situations is it better to purchase a used car from a private party?

BenefitsUsed cars from private sellers are more affordable. ... Private sellers offer clean, well-kept-up vehicles. ... Private sellers close the deal quickly. ... The seller is a complete stranger. ... There's no such thing as warranty. ... Vehicle registration and other documentation.Dec 3, 2018

How do you know if a car is right for you?

How to Pick the Right CarFigure out what you need.Set your budget.Use a car finder tool to match your needs and budget to the market.Test drive at least three cars.Review your research and make a decision.Apr 6, 2016

How do I transfer a car title with power of attorney in California?

If you want to transfer your vehicle or property title using an agent acting under authority of a power of attorney (POA), obtain a POA form. Fill it out, naming your agent and signing the POA as required in your state, and then let your agent do the rest.Dec 12, 2018

Can I sell a car with power of attorney in California?

Once you have the power of attorney for your loved one, you have the right to sell their vehicle for them. By signing the document, they entrusted you with this process. You're now legally responsible but also protected.

How do I get power of attorney in California?

A California POA can only be created by a principal who is 18 years of age or older. The principal must also have the legal capacity to enter into a contract. A general or limited POA must be signed by the principal and two witnesses or a notary.

Scott Richard Kaufman

With car dealers I always worry, BUT, as stated by Mr. Stempler, it's entirely possible this is a basic DMV form with a limited power of attorney. I would definitely make sure that DMV has your notice of transfer of liability from you re: this car... More

Robert Harlan Stempler

There is a standard DMV form for power of attorney to process the DMV papers to ensure the title is correctly transferred to the buyer/lessee and any applicable lienholders indicated. That does not give the seller the power to sign other documents on the buyer's behalf or to redo the contract paperwork.

What happens if you sell a car without a power of attorney?

If you were to sell the car on someone else’s behalf without the power of attorney, the actual owner of the car could turn around and claim you didn’t have the right to sell the car. In that case, there becomes a huge legal issue. The seller can claim they didn’t want their car sold and the buyer can claim ...

What is a power of attorney?

In short, a power of attorney is when a person signs over some of their rights to another person to allow them to act on their behalf. For the most part, a power of attorney can involve managing finances or selling property like cars and homes for another person. When a person is given a power of attorney, it’s usually because ...

What is the most important piece of information you need to provide for a car sale?

One of the most important pieces of information you need to provide is the VIN ( vehicle identification number) for the car. Without this, there’s no way to prove which vehicle was signed over and which vehicle you had the right to sell.

Why do people need power of attorney?

When a person is given a power of attorney, it’s usually because the other person is unable to act on their own behalf. They may be too sick, mentally incompetent, physically disabled, or just too old. They need someone close to them to help them sell their vehicle.

Is it legal to sell a car title in your name?

The biggest issue is that, when the title is in your name, you technically don’t owe them the money you make from selling their car.

Can you sign a title without a power of attorney?

Without the title in your name, you can’t legally sign the title over to someone else. The power of attorney is also a great tool to protect both you and the other person that you’re helping.

Can a seller claim a car they didn't want to sell?

The seller can claim they didn’t want their car sold and the buyer can claim the car as their own since they have the title. Legally speaking, you didn’t have the right to transfer the title. It’s a mess and it’s a situation you don’t want to find yourself in.

What is a durable power of attorney?

Durable Power of Attorney. If an individual wants a POA to remain in effect if they ever become incapacitated, they’ll make sure their POA is durable. In other words, a durable POA allows your agent to continue making decisions for you even if you’re physically or mentally unable to.

What is a POA?

General Power of Attorney. A general POA appoints an agent to make general decisions for the principal. In most cases, general POAs are temporary. If you travel, you could use a general POA to enable an agent to handle your personal matters while you’re away.

What is POA in healthcare?

A POA enables the agent to act on this person’s behalf. POAs provide resolutions to difficult situations, reducing future stress and financial hardship. That said, POAs don’t need to tie to health care issues or have long-term implications.

What is a limited POA?

A limited POA only allows an agent to make decisions on your behalf in defined situations. This POA outlines specific directions for your agent during a set timeframe. To refinance your auto loan, you’ll use a limited POA. It will allow the lender, broker, or agent’s power to transfer your car title.

What is the last step in a car refinance?

This is a necessary step in the car refinance loan process. Your last step is to sign the form in front of a notary. This could be a financial institution or a member of the American Association of Notaries. Once the POA is in place, you’ll be one step closer to receiving your car refinance loan.

Why do people use POA?

Someone may use a POA to make a trusted and experienced advisor their agent. Then, the agent could manage the principal’s estate, finances, and medical decisions. For instance, let’s assume this person suffers from dementia and can’t manage their affairs. A POA enables the agent to act on this person’s behalf.

Does a POA need a lawyer?

You would be the principal, and the agent is the person or entity assisting you. But the attorney-in-fact does not need to be a lawyer. It could be a qualified family member, friend, or advisor. Someone may use a POA to make a trusted and experienced advisor their agent.

William Edward Scully Jr

This is not unusual. The purpose of the power of attorney is to enable the dealership to apply for a title in your name. It's not uncommon for the dealership not to have a title in their hands when they sell the car to you. The power of attorney allows them to take care of the title transfer without you having to be present. More

Summer Gomillion Walker

This is actually a very common and I believe some states even require a limited POA to be granted to the dealership so they can take the necessary steps to legally transfer the property to you. It is used for such things as execute a bill of sale, title, odometer statement, request for release of liens and other documents.

Francine Denise Ward

Be that as it may, I would be VERY careful that the Power of Attorney (POA) is specific and limited to just this one issue and transaction. You don't want to sign away your rights in a broad and sweeping POA to a car dealer. As always, I say read and understand everything you sign your name to...

What is POA in DMV?

A POA is a written document whereby one person (the principal) conveys to another the right to act for that person as attorney-in-fact. A POA may be used to release ownership on a title or bill of sale. As referenced in this manual, a POA generally refers to a DMV form which is limited to vehicle/vessel transactions.

Who can assign duties to an attorney in fact?

Assign the duties of a trust to an attorney-in-fact by a trustee. A trustee may assign specific duties to an attorney-in-fact, such as transferring a vehicle or retaining agents to advise and assist in the administration of the trust. A trustee cannot delegate all administrative duties.

Does POA have a VIN?

Exception: A general POA will not contain a VIN/HIN. Contain the name of the designated attorney-in-fact. Be signed by the principal. Accompany applications signed by the attorney-in-fact. When a business entity is the attorney-in-fact, the business name must be included in the countersignature.

Can I fax a POA?

A photocopy or fax copy of a general POA, including the REG 260 is acceptable. However, copies of the REG 262, a secure document that includes a Power of Attorney section, are not acceptable. Contain the vehicle/vessel identification number (VIN/HIN). Exception: A general POA will not contain a VIN/HIN.

This crazy market saved me from a bad purchase

A few years back I had a lease for a VW GLI which I absolutely loved but I had a job change that required me to drive a hell of a lot more than before and I was racking miles up like crazy.

Lease pay offs being blocked to 3rd party

At CarMax we just received notice that the following leasing companies are no longer allowing early lease buyouts to 3rd party companies:

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Guy said he didn't have any cash on hand but wanted to make sure we new he was serious.

Inflated car prices - what will happen to these car values 2-3 years down the road?

Reading about all these cars selling at MSRP and the in demand cars and trucks selling for 5-10 thousand over list.

Heads up to GM dealer employees..

GM just got rid of program pricing for dealership employees. The benefit has been reduced to $1000 rebate. So if you were thinking about buying or leasing one of the 4 new vehicles you have left....prepare to pay up.

How to finance a car?

If you decide to finance, you will pay less to begin with, but the total price will increase due to interest and other costs. When financing a car through the dealer, make sure to get these things in writing: 1 The price of the vehicle 2 The finance charge 3 The APR—how much interest will you pay per year? This should be expressed as a percentage. 4 The number of payments 5 How much each payment will be 6 The total price of the deal, including interest and finance charges

Why is it better to buy a used car?

In addition to the lower base price, there are many advantages to buying a used car, including: Insurance generally costs less for an older car than for a brand-new one. Used cars depreciate less after purchase than new cars do. It may be easier to negotiate with an individual owner than with a car dealer.

What is a buyer's guide?

The Buyer's Guide is a sticker placed on used cars which describes the warranty (if there is one) and tells you what to watch out for on the car. On the other hand, buying from an individual seller can have its advantages as well. There may be less pressure on you to buy, and you may be able to negotiate the price.

What happens when you finance a car?

FINANCING. If you decide to finance, you will pay less to begin with, but the total price will increase due to interest and other costs. When financing a car through the dealer, make sure to get these things in writing: The price of the vehicle. The finance charge.

Do used cars come with warranty?

A used car often comes with no warranty, whether you buy it from an individual or a dealer. The previous owner may not tell you everything there is to know about a car. If you are willing to spend the money for a new car, you will be able to get the color you want, the options you want, and a decent warranty.

Is it easier to negotiate with an individual owner than with a car dealer?

It may be easier to negotiate with an individual owner than with a car dealer. There are, however, important disadvantages that you must consider as well: A used car will generally require more maintenance and repairs than a new car. A used car often comes with no warranty, whether you buy it from an individual or a dealer.

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