why does seller have to sign power of attorney on car sale oregon

by Jamar Kulas 7 min read

The reason you need the power of attorney to sell a car for someone else is that the title isn’t technically in your name without it. 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.

As such, a motor vehicle power of attorney can protect both of you by giving you the right to sell the vehicle on their behalf and ensuring that they have a legal claim to the proceeds of the sale. Finally, the power of attorney document also protects the buyer of the vehicle.

Full Answer

Can a PoA be used to sell a car?

The Power of Attorney to Sell a Vehicle. When you want to give a third person control of the sale of your vehicle, you'll need to grant that person a power of attorney. You can draft your own POA document or get a form from your state's department of motor vehicles.

Why do I need a power of attorney for a car?

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.

How do I get power of attorney to sell a car?

The Power of Attorney to Sell a Vehicle. You can draft your own POA document or get a form from your state's department of motor vehicles. While powers of attorney can be wide-ranging documents that give someone complete power over your finances and health care, the document used for a motor vehicle is much more restricted.

Do I need a power of attorney to sign a title?

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 car be sell with power of attorney?

As per rules - RTO Forms need to be necessarily signed by the original owner. However the advantage of POA is family member can enter into transaction with buyer using the POA - for receiving payments. - You may sign off RTO Sale Documents (2 copies) - Form 29, Form 30 along with Form 35 (if with HP), pre hand.

What is required for a power of attorney in Oregon?

Many people expect that a spouse or other family member automatically has the power to help with financial matters; but this is not true. Under Oregon law, someone must have special authority to act for another person. You accomplish this through a written document authorizing another person to act on your behalf.

When selling a car in Oregon where do you sign on the title?

When you sell, donate, or gift your vehicle:Sign either the back of the title or a Bill of Sale;If you had a loan, make sure the lienholder signed the front of the title*;Write the odometer reading on the back of the title; and.Use DMV2U to notify DMV within 10 days.

Can I sell a car on behalf of someone else?

Yes, someone else can sell your car on your behalf whether this is your husband, wife, another family member, or friend. However, you will need to ensure that the correct documentation is in place.

Does a POA need to be notarized in Oregon?

Notarization Requirement While Oregon's power of attorney laws are silent on notarization, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.

What is durable power of attorney in Oregon?

An Oregon durable power of attorney form lets an individual, the “principal,” choose another person to handle their financial affairs on their behalf. The person selected, the “agent”, should be a trusted person and is required to make all decisions to the benefit of the principal.

How do you sign over a car title to a new owner in Oregon?

To transfer a car title, the buyer needs to bring the old title, a completed Application for Title and Registration, and money to pay the fee to an Oregon DMV office. In some cases, a completed bill of sales is also required. You can find this form on the DMV website.

Do both owners have to sign title to sell car in Oregon?

If you purchase a vehicle from an individual, they need to sign the Oregon title and give it to you. The buyer and the seller must also complete the bill of sale. Within 30 days, submit an Application for Title and Registration to officially transfer ownership.

Is a bill of sale required in Oregon?

In Oregon, a bill of sale is needed if you're buying or selling boats or cars. You can use templates or forms provided by the state.

Who legally owns a vehicle?

The owner is the person who bought the car or the person who has been gifted the vehicle. The registered keeper is the main user of the car. A company car is a common example of when a registered keeper and owner are different. The company owns the car and the employee who drives the car is the registered keeper.

Can you sell a car if you are not the registered keeper?

Selling a car that isn't registered in your name There are very few reasons that you will be able to sell a car that isn't in your name, these include: If you are the executor of the estate. If you have financial power of attorney. With confirmation of intentions from the registered individual.

Does CA DMV power of attorney need to be notarized?

A California vehicle power of attorney form, also referred to as the DMV Form REG-260, permits an owner of a vehicle or vessel located in California to choose an agent to handle a transfer of ownership. The document does not need to be witnessed or notarized to be legally enforceable.

Can you sell a house if you have power of attorney?

To reiterate, with a power of attorney property can only be sold if the subject is incapable of making a decision - but the sale must be in the subject's interests.

Why would a married couple need a power of attorney?

A spouse or other family member would still require legal authority to act on the behalf of the person. This means that without a power of attorney in place, there is the risk of strangers making decisions on their behalf.

What is a medical power of attorney in Oregon?

An Oregon Medical Power of Attorney is a legal document that gives a selected person or entity permission to make health-related decisions for you, such as refusing or accepting a certain medical treatment or procedure, if you cannot do so.

How do I notarize a power of attorney in Oregon?

Sign your power of attorney document Unlike many states, Oregon does not require you to use witnesses or use a notary public. However, you should sign and date your power of attorney and ask a notary public to notarize it.

Types of Powers of Attorney

Motor vehicle powers of attorney are either general or specific. A general power of attorney allows the holder, or grantee, to perform any duties t...

Writing A Power of Attorney

Using a template from your department of motor vehicles can ensure it will be valid and accepted by the DMV. Most states, including California, Flo...

Getting The Power of Attorney Notarized

Many states, like Ohio, will not accept a power of attorney for the sale of a motor vehicle unless the document is witnessed and notarized by a not...

Using A Power of Attorney

The grantee, or agent, using the power granted in the power of attorney must be prepared to present the document. The grantee should write "P.A." n...

How to Sell A Car in Oregon

To complete the sale with a buyer, you'll need to complete some documentation and also notify the OR Driver and Motor Vehicle Services Division (DM...

Notice of Vehicle Sale in Oregon

Once you've sold your car, you need to inform the Oregon DMV so you're not liable for any charges associated with the vehicle in the future. The bu...

Lost Or Stolen Or Certificate of Title

If the title certificate for the vehicle you're selling in Oregon is lost, damaged, or destroyed, you can request a duplicate from the OR DMV. To d...

Transfer, Surrender Or Destroy License Plates After A Sale

You can transfer your license plates if: 1. They will be going on the same type of vehicle. (Example: RV plates can only be transferred to another...

What is a Power of Attorney in Oregon?

Oregon Motor Vehicle Power of Attorney (Form 735-500) is the documentation the Oregon Department of Transportation Driver And Motor Vehicle Services requires to appoint an agent the ability and right to perform certain administrative tasks with a vehicle that he or she does not own. Only the principal vehicle owner may sign and execute this document since he or she will accept the responsibility of his or her agent’s actions. Usually, a principal will issue this paperwork, so the Agent can physically appear at the Oregon DMV to handle the titling and registration of a vehicle on behalf of that vehicle’s owner.

Which row of the table will only accept the Principal Vehicle Owner's Signature and Signature Date?

The fourth row of this table will only accept the Principal Vehicle Owner’s Signature and Signature Date

Is a vehicle title valid if it has been fully completed?

This document will not be considered valid unless it has been fully completed then signed and dated by the principal vehicle owner.

What is a power of attorney for a car?

A general power of attorney allows the holder, or grantee, to perform any duties that the owner legally could perform. A specific power of attorney grants the agent permission to perform only a specific action, like transferring the vehicle's title. This type of power is also time-limited, meaning it will fall away as soon as the vehicle is sold in accordance with your instructions. Some states issue secure powers of attorney that are printed with security features and normally used by dealerships.

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

The fee can vary in each state and generally costs from $2 to $20 per signature. This fee is for your signatures, not the notary public's.

How to give a third person control of a vehicle?

When you want to give a third person control of the sale of your vehicle, you'll need to grant that person a power of attorney. You can draft your own POA document or get a form from your state's department of motor vehicles. While powers of attorney can be wide-ranging documents that give someone complete power over your finances and health care, ...

What do you need to include in a POA?

Whether you write your own or download a POA form, it must be valid in your state. The document should include the vehicle’s make, model, license plate number and vehicle identification number, or VIN. Include the names of the owner, or grantor, and the person being granted the power, called the grantee. Also include both parties' addresses and, in ...

What is included in a power of attorney?

Also include both parties' addresses and, in some states, personal identification details like driver's license numbers. The power of attorney should also specifically state what the document is to be used for, such as selling the vehicle, applying for a certificate of title, or registering or transferring the title.

Can you use a power of attorney template?

Using a template from your department of motor vehicles can ensure it will be valid and accepted by the DMV. Most states, including California, Florida and Ohio, have power of attorney forms available to download from their DMV websites. Whether you write your own or download a POA form, it must be valid in your state.

Where to send a notice of sale of a vehicle in Oregon?

By mail: Send a completed Notice of Sale or Transfer of a Vehicle (Form 735-6890) to: DMV Headquarters. 1905 Lana Avenue NE. Salem, OR 97314. Online: Use the online form on the Oregon DMV website.

How long does it take to notify the Oregon DMV of a car sale?

You, as the seller, must notify the Oregon DMV of the sale within 10 days of the transfer of ownership. You can either do this online or by mail (see " Notice of Vehicle Sale in Oregon " below).

How to get a duplicate title for a car in Oregon?

To do so, you'll complete the Application for Replacement Title (Form 735-515) and submit it to the Oregon DMV .

What is the odometer disclosure form?

Odometer disclosure: Using either the appropriate space on the back of the title certificate or a Secure Odometer Disclosure (Form 735-403) . You will need to call the Oregon Auto Dealers Association (OADA) at (503) 233-5044 to request this form, as you cannot request it from the DMV..

Do you need a certificate of title to buy a car?

Certificate of title: You will need to sign off on the vehicle's certificate of title and give it to the buyer. If there are other owners listed on the front of the title, they must also provide a signature. The buyer must sign it too in the designated spot. (Older titles might have you sign as the “registered owner" versus the “new owner," rather than as the “seller" and the “buyer.")

Can you transfer your license plate after a sale?

Transfer, Surrender or Destroy License Plates After a Sale. You can transfer your license plates if: They will be going on the same type of vehicle. (Example: RV plates can only be transferred to another RV). Your plates are currently issued by DMV, (special or custom plates). The plates are readable.

Do you have to inform the Oregon DMV when you sell your car?

Once you've sold your car, you need to inform the Oregon DMV so you're not liable for any charges associated with the vehicle in the future. The buyer will take care of registering and titling the car in their own name.

When Do You Need a POA for Car Title Transfer?

There are two situations in which you may need a POA to make sure a car title is transferred legitimately:

What is the scope of POA?

Scope of POA. Your agent should only be given authority to conduct transactions related to the transfer of the car title. Termination date. The POA should terminate automatically on completion of the title transfer or after a certain time, whichever comes sooner. This means that your agent loses their power of attorney if they fail to complete ...

How to transfer a car title?

To transfer a car title, you will need to set up a financial power of attorney that only covers that one transaction. The type of document you need is a limited power of attorney, which states that your agent or attorney-in-fact is only mandated to act on your behalf to complete the title transfer for the vehicle.

What is limited POA?

A limited POA is different from other common POA types, such as: Durable POA. General POA. Springing POA. The power of attorney you will use to transfer a car title will adhere to the following criteria: POA Criteria. Explanation. Effective date. The POA will come into effect on the day of signing.

Do you need a power of attorney to buy a car?

Buying a Car. If you buy a car from a dealership, you may not want to spend hours at the Department of Motor Vehicles to transfer the title of your new car. Dealers usually perform this task for you, but they need your power of attorney to buy a car to complete the process.

Can you sign a POA in the presence of a notary?

Once your letter is prepared and the necessary documentation is in place , you can go ahead and sign the POA in the presence of a notary.

Do you have to have POA notarized?

In most other states, you have to have your POA notarized to give it legal weight.

2 attorney answers

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...

Scott Richard Kaufman

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.

How to get a power of attorney for a car title?

You can even check your local DVM’s website for their own power of attorney form for car title transfers. You’ll have to fill out your personal identification as well as your agent’s (who you’re appointing) information. Make sure everything matches ID and that your name matches the exact spelling on your title. You’ll have to fill out the vehicle’s info such as make, color, license plate number and the like. Finally signing under penalty of perjury and before a notary.

How to transfer a vehicle with a power of attorney?

To transfer a vehicle with a power of attorney document, you need to draw up that document first. Some people hire lawyers, while others get an online template they can customize. Every state has a different power of authority form, but generally speaking they work in the same way and typically have to be notarized.

What is a power of attorney?

Generally speaking, a power of attorney assists you in making decisions when you’re unable to make them yourself. It can be used to give another person (called the Agent or Attorney-In-Fact) the authority to make health care decisions, do financial transactions, or sign legal documents that the Principal (i.e. You) can’t do for one reason or another.

3 attorney answers

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.

Summer Gomillion Walker

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.