Sylva, NC asked in Contracts for North Carolina

Q: What POA should I get selling my parents car for them out of state.

My parents reside in Texas, the car they want to sell is titled in Texas, there is no loan against it. I live in North Carolina and a North Carolina dealership is interested in buying the vehicle.I know I need some kind of Limited Power of Attorney to sell it for them but not sure if that needs to be state specific or what each of the state laws are.Side note, my parents co-own my personal residence in NC with me and also vacation here.The vehicle gets driven back and forth often between the two states and has pretty much been its primary use.My / our house is in need of some necessary repairs, the vehicle now has high mileage and is being sold to cover those repairs.They left the vehicle here about a week ago,they couldn’t stay to finalize the sale because of other important engagements back home.The car cannot be transferred to my name because I’m in chap 13 and I don’t want to deal with the time it will take to get trustee approval and title transfer.Any info would be helpful.Thanks

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1 Lawyer Answer
Nicholas Arthur Matlach
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  • Providence, RI
  • Licensed in North Carolina

A: You're right, a Limited Power of Attorney is the way to go for this situation. Here's some info to help navigate the process:

LPOA Specificity: A Texas-specific LPOA for vehicle transactions is ideal. The Texas Department of Motor Vehicles (TxDMV) provides the "Limited Power of Attorney for Eligible Motor Vehicle Transactions" form (VTR-271) which you can find on their website.

Completing the LPOA: Fill out the form with your parents' information (grantors) and yours (grantee). Make sure to specify that the power of attorney is for selling the car (including the make, model, and VIN). Both your parents will need to sign the document.

Notarization: It's generally recommended to have the LPOA notarized. This adds an extra layer of verification.

Additional Considerations:

Registration: Since the car is titled in Texas and likely registered there, the sale will likely follow Texas title transfer procedures.

Title Transfer: You (as the grantee) will act on your parents' behalf to sign the title over to the buyer. Be sure to follow Texas's title transfer instructions

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