why does seller of vehicle have to sign power of attorney over tot the lending bank

by Prof. Harmony Beahan DDS 5 min read

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.

Full Answer

Why do I need a power of attorney to buy a car?

The power of attorney also protects the new buyer of the car. In normal scenarios, the title of the car is transferred over to the new buyer and the deal is closed.

How does a power of attorney affect refinancing a car?

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. If an individual wants a POA to remain in effect if they ever become incapacitated, they’ll make sure their POA is durable.

What happens if you sell a car without 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.

What is a secure power of attorney for a car?

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.

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...

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 a person who receives a title certificate be the same person?

In some states, like New York, the person who transfers the title certificate and the person who receives the title certificate cannot be the same person. If you plan on using the POA document for more than one transaction, inform the clerk at the DMV each time you use it. If the power of attorney is going to be used only once, ...

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.

Why do insurance companies ask for power of attorney?

Insurance companies ask for power of attorney in order to legally move the vehicle's title without having to get the owner's explicit permission each time the company needs to fill out a form, or so the company can sell the totaled vehicle to a salvage yard to compensate the driver.

What happens when an insured vehicle is totaled?

When an insured vehicle is totaled, the insurance company is basically forced to "buy" the vehicle from the owner. The amount they pay is the amount of compensation the driver receives, minus any fees, taxes, etc.

What happens if a car is ruined?

If their vehicle is completely ruined in a car accident, they will have to work with their insurance company to get their total loss claim processed. The process of getting compensated by an insurance company for a wrecked vehicle often involves the driver giving the insurance company some form of power of attorney.

Who can make decisions on their own?

When it comes to legal, financial, and health matters, individuals are generally the only ones who can make important decisions on their own behalf. When an individual legally gives another person or entity the ability to make binding decisions for them, they are giving that entity or person power of attorney.

Does a power of attorney cover car insurance?

Additionally, the power of attorney granted to insurance companies is generally limited and covers only the necessary activities for fulfilling a car insurance claim.

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

If you were to sell a vehicle on somebody else’s behalf without the proper vehicle power of attorney document, the car’s real owner could claim that you did not have the right to sell it. This can become a huge legal problem. The seller can claim that they did not want to sell the vehicle.

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.

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.

Why do you need a POA for a refinance?

Why do you need to complete a POA for an auto loan refinance? A POA allows your lender or another relevant party to transfer your title and issue your new loan. It’s a necessary — and standard — step in the refinance process.

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 does a notary seal mean?

Notary: a public official that has the legal authority to serve as an official witness, often in real estate and auto loan refinancing; their seal means a document has been vetted and is authentic.

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.

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.

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...

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.

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.

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.

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.