Power of attorney: The concept
A power of attorney is a situation where one person gives specific rights to another allowing them to act on their behalf. It could be the management of finances or selling property or vehicles. This case usually happens when the one granting the rights can’t act on their own behalf due to some limitations. It could be both mental or physical.
Why do you need a power of attorney to sell a car?
The prime reason is that the seller doesn’t own the vehicle by law and hence can’t transfer ownership to the potential buyer without having the legal authority. Secondly, the real owner gets all the money from the sale.
Without a power of attorney, the seller might think to transfer funds in their name and a breach of contract. The legal requirements and obligations involved in getting a POA guarantee that the trade happened fairly and legally.
How to get power of attorney to sell a car: Steps involved
You need to get power of attorney for the car if you want to sell it on somebody’s behalf. As discussed, POA is a legal document that permits one person the authority to act on the other person’s behalf in certain matters.
By following the steps below, you can obtain power of attorney to sell a car:
- Determine the type of power of attorney you need
- Have the principal sign the power of attorney form
- Submit the power of attorney to the authorities
- Complete the sale of the car
Step 1: Determine the type of power of attorney you need
So, power of attorney can be general or specific. With a general power of attorney, you get more powers to act on the principal’s behalf in various matters. The specific power of attorney limits your power to a specific transaction. In the case of selling a car, you need a specific power of attorney that exclusively gives you the authority to sell the car.
Step 2: The principal signs the power of attorney form
Arrange the right form and have it signed by the principal in the presence of a notary public. This makes the document legally binding and genuine. To add to the validity, the notary also signs and stamps the document.
In case the principal is incapable to sign the document due to physical or mental limitations, you go for guardianship or conservatorship.
Step 3: Submit the power of attorney to the authorities
It’s usually the Department of Motor Vehicles (DMV) or an equivalent body where you submit the power of attorney document. On submission of the required document, you get the permit to transfer ownership of the car and make the sale.
There may be some specific requirements that may vary from state to state so don’t forget to check with the respective authorities. Consult an attorney for any queries and have a smooth trade.
Step 4: Complete the sale of the car
After you get the power of attorney and the required paperwork has been done, you can continue with the sale process. It would require you to have a proper negotiation with the interested buyers, correctly billing the sale with all the documents and signed terms and then eventually passing on the title of the car to the buyer.
Always remember that somebody is trusting you to act on their behalf so act in their best interests and conduct a fair and legal sale. Maintain the records properly and accurately, be transparent with the transaction details and submit all the documents to the principal. Be morally and legally right.
Exploring power of attorney: A Comprehensive guide
Let’s know more about the key information concerning a power of attorney:
|Types of Power of Attorney
|Mainly general and specific
|Specific requirements for submitting power of attorney
|Requirements vary for each state. Check with authorities for necessary requirements
|Notary public fees
|Fees vary for each state and notary public
|Revocation of power of attorney
|Principal can revoke the power of attorney at any time if mentally competent to act
|Using an attorney
|Attorney not necessary, but good for guidance and ensuring that legal requirements are met
Make a car sale via the power of attorney
A lot of attention has to be given to the legal requirements and paperwork for getting power of attorney to sell a car. Going by the steps discussed above, you can be sure of a smooth sale with the required legal authority.
Don’t hesitate to consult with a legal professional in case or queries or issues, if any. Comply with all the laws and rules applicable to avoid any troubles and be fair in the deal.
However, what’s worth mentioning is that the hassle of going through all these procedures can be avoided if you opt for our luxury car rental in Dubai. You can skip the trouble of buying and selling cars, while still enjoying the comfort of driving around with us.