Or. Admin. R. 735-028-0080 - Odometer Disclosures - Power of Attorney Between the Buyer and Seller - Filings with the State

(1) A person may sign an odometer disclosure as both the buyer and seller by power of attorney only when allowed under OAR 735-028-0060.

(2) When a seller gives a power of attorney to the buyer for the purpose of making an odometer disclosure, the form used shall be the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) "Secure Power of Attorney,"Form 735-402, or a secure form issued by another state that conforms to federal rules (49 CFR, Part 580). All of the following apply to such forms:

(a) Photocopies, facsimiles, digitized copies or other reproductions of such forms are not acceptable for use in making odometer disclosures. This section does not prevent persons from making copies of completed forms, such as for their records;

(b) Oregon's secure power of attorney form, and the secure forms of some other states, are multicopy forms, each copy of which is a secure form. When used as intended, completion of the original power of attorney will result in the other copies being completed with the same information. Such copies shall be acceptable for submission to the state as otherwise provided in this rule.

(3) A seller who grants power of attorney under section (2) of this rule, shall complete Part A of the secure power of attorney form, including the seller's printed and written signature and all other information required to be part of an odometer disclosure, as covered in OAR 735-028-0050.

(4) A buyer who receives power of attorney under section (2) of this rule shall print and sign his or her name in Part A of the secure power of attorney form and return one copy of the form to the seller.

(5) Upon receipt of the seller's title, the person granted the power of attorney shall determine whether the mileage disclosed on the power of attorney is less than the mileage shown on the title:

(a) If the mileage disclosed on the power of attorney is greater than the mileage shown on the title, the person may use the power of attorney to make the required disclosure:

(A) If the title is a conforming title, the person shall complete the space for mileage disclosure on the title exactly as the mileage was disclosed on the power of attorney;

(B) If the title is a non-conforming title, the power of attorney form itself may be considered the disclosure, and the person need not complete a separate state-issued disclosure form.

(b) If the mileage disclosed on the power of attorney is less than the mileage shown on the title, and there is no indication from the seller on Part A of the power of attorney that the mileage has exceeded the mechanical limits of the odometer or that the mileage is not actual, the power of attorney is void for the purpose of making an odometer disclosure. In this case, the person granted the power of attorney shall not make the disclosure on the title and shall obtain a new disclosure from the seller. This subsection shall not apply if it is determined that DMV or another state made an error in recording the mileage on the title, and that the actual mileage reported and which should have been shown on the title was less than that reported on the power of attorney.

(6) If the person who is granted power of attorney under section (2) of this rule resells the vehicle prior to receipt of the title, and if the new buyer elects to grant power of attorney to that person for the purpose of making an odometer disclosure, the exact power of attorney form that was completed under sections (2) through (4) of this rule shall be used. In granting power of attorney under this section, the new buyer:

(a) Grants authority for the seller to sign all papers and documents required to secure title on the buyer's behalf;

(b) Grants authority for the seller to make the odometer disclosure on the title, only if the disclosure is exactly as completed on the power of attorney; and

(c) Acknowledges that the buyer is aware of the odometer disclosure made under Part A of the power of attorney form the buyer is signing.

(7) When power of attorney is granted under section (6) of this rule:

(a) The seller who is granted power of attorney shall complete Part B of the secure power of attorney form, including the seller's printed and written signature and all other information required to be part of an odometer disclosure, as covered in OAR 735-028-0050;

(b) The new buyer shall print and sign his or her name in Part B of the power of attorney;

(c) The seller shall provide a copy of the completed power of attorney to the buyer;

(d) Upon receipt of the title, the person who is granted power of attorney shall comply with the provisions of section (5) of this rule; and

(e) If the title is a conforming title, and the power of attorney is not void and is being used to make a disclosure under both Parts A and B of the power of attorney form, the person granted the power of attorney shall also complete Part C of the power of attorney form. Part C of the power of attorney includes, but shall not be limited to:

(A) The signature, printed name and address of the person exercising the power of attorney;

(B) A certification that the person has disclosed the mileage on the title as it was disclosed on the power of attorney, that the person has examined the title and any reassignment documents, and that the examination indicated the mileage disclosed on the power of attorney is greater than that shown on the title and any reassignment documents;

(C) The date of the certification.

(8) A person who is granted and who exercises a power of attorney under this rule shall complete the required odometer disclosure(s) on the title when received. The person shall provide an original power of attorney or one of the secure copies of a multicopy form to:

(a) The Oregon DMV, along with the title and any other requirements, if that person is applying for title in his or her name or on behalf of the new applicant; or

(b) Whomever that person provides the title.

(9) A person who is granted and who exercises a power of attorney under this rule and who does not apply for title in his or her name or on behalf of the new applicant (e.g., title and power of attorney given to new buyer) or who applies for title in a state other than the state that issued the power of attorney form, shall in addition to complying with section (8) of this rule, make a separate odometer disclosure filing in the state that issued the power of attorney form. All of the following apply to such filings:

(a) The filing shall be made to the Oregon DMV if filed in Oregon, or to the equivalent agency if filed in another state;

(b) The laws and regulations of the state in which the documents are being filed shall apply (e.g., requirements for filing and any fee); and

(c) To comply with Federal rules and Oregon rules and statutes, filings required under subsection (9)(a) of this rule to be made to the Oregon DMV:

(A) Shall include at least a copy of the front and back of the title that has been completed to show the odometer disclosure, the original power of attorney or one of the secure copies of a multicopy power of attorney, and the $4 filing fee required by ORS 803.126;

(B) Shall be submitted to DMV within 30 days of selling the vehicle, or if the named attorney titles the vehicle in another state, within 30 days of exercising the power of attorney on the title; and

(C) Shall not be required if the title is a nonconforming title. However, DMV shall retain power of attorney documents and fees filed when the title is nonconforming.

Notes

Or. Admin. R. 735-028-0080

MV 8-1992, f. 6-30-92, cert. ef. 7-1-92; MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

Stat. Auth.: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060, 821.080 & Ch. 873, OL 1991

Stats. Implemented: ORS.803.120 - 803.124 & 49 CFR Part 580