Getting The Power of Attorney To Sell A Car
Blog/ Getting The Power of Attorney To Sell A Car
The process of selling your own car is pretty easy. You find a buyer, you settle on a price, you transfer the title to the new buyer, and you get your money.
But what happens when somebody else wants you to sell their car for them? If you’re lucky and you both trust each other, there’s a possibility that they’ll be willing to transfer the title over to your name to let you sell the car for them.
It’s technically legal, but it’s a little complicated and can put a strain on the relationship if done incorrectly. 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.
Though you may promise to give them the money, there is nothing requiring you to do so. Your relationship is strained now, and you might have a legal issue on your hands.
Nobody wants to find themselves in this situation on either end. So, what else can you do here?
The best thing you can do is get power of attorney to sell the car.
What is the 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 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.
Getting the power of attorney is usually a simple process that involves both parties signing the legal documents required by the state. In these documents, it’s clearly specified who’s giving up their rights/control and who’s receiving them/it.
You and the person you intend to sell the car for will both sign the documents. You’ll probably have to do this in front of a notary.
What’s a notary? A notary is a government employee responsible for witnessing the signing of legal documents.
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.
Why would you need the power of attorney to sell a car?
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. Not only does it give you the right to sell their vehicle for them, but it also guarantees that they’re entitled to the money that’s made from the sale.
As mentioned earlier, if you had the title transferred to your name, you wouldn’t be required to give them the money. Legally, you wouldn’t. Morally, you should.
When Selling A Car The Power Attorney Helps Protect Both Parties The Buyer And The Seller
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. End of story.
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 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.
Power of Attorney Forms For Selling Your Car
Depending on your state of residence, the actual forms you have to fill out to receive power of attorney may vary.
When filling out the form, you’ll be asked to provide a bunch of information for both you and the person you’re helping out. 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.
In addition, you’ll have to provide the vehicle’s make and model, license plate number, and contact information for both parties.
The most important part is signatures from the two of you. Without signatures, a legal document is void.
If you’re looking for the power of attorney to sell a car in your state, here are links to the forms provided by each state’s DMV: *Note: SellMax can't guarantee the accuracy of the below resources. But, we have curated a list for your reference.
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- Washington D.C.
- West Virginia
Use SellMax: Sell Your Car Quick!
If you’ve recently been given the power of attorney to help a friend or relative sell their vehicle, you’re probably dreading the process already. It can take a long time to sell a vehicle and you might not get the amount of money you’re asking for.
But what else can you do? Sell your car to SellMax! We’ll provide you with an instant offer for the vehicle and even come to your location to pick it up. It’s quick, easy, and guarantees a quick sale at the end of the day. We’ll even pay you cash if your vehicle is junk.