Overhaulin'

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

I will be out of town, and I want my parents to have power of attorney to sell my car for me. What are the procedures for getting this? Will there be any fees or tax consequences?

Public Comments

1. 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. http://a257.g.akamaitech.net/7/257/2422/05dec20031700/edocket.access.gpo.gov/cfr_2003/octqtr/pdf/49cfr580.4.pdf 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 naked 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 naked 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.
2. 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 http://mva.state.md.us/Resources/VR-103.pdf