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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- North Carolina
- (401) 300-4439
- View Profile
- Answered
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
