Procedures for assigning power of attorney to sell car in Maryland?

July 13th, 2005 | by Michael |
sell car
Melanie J asked:




LUKE
  1. 2 Responses to “Procedures for assigning power of attorney to sell car in Maryland?”

  2. By Go Broncos on Jul 13, 2005 | Reply

    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 ***** 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 ***** 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.

  3. By fire4511 on Jul 16, 2005 | Reply

    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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