Or. Admin. Code § 735-028-0080 - Odometer Disclosures - Power of Attorney Between the Buyer and Seller
(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
must be the Driver and Motor Vehicle Services Division of the Department of
Transportation (DMV) "Secure Power of Attorney," Form 735-402, DMV's "Secure
Power of Attorney," Form 735-402A, or a secure form issued by another state
that conforms to federal rules ( 49 CFR, Part 580).
(3) DMV does not accept secure power of
attorney forms for use in making odometer disclosures that are photocopies,
facsimiles, digitized copies or other reproductions of such forms. This section
does not prevent persons from making copies of completed forms for their
records.
(4) DMV's Secure Power of
Attorney, Form 735-402, and the secure forms of some other states, are
multi-copy 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 must be acceptable for
submission to the state as otherwise provided in this rule.
(5) 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 signature and all other information
required to be part of an odometer disclosure, as covered in OAR
735-028-0050.
(6) A buyer who receives power of attorney
under section (2) of this rule shall print and sign their name in Part A of the
secure power of attorney form and provide a copy of the form to the
seller.
(7) 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 may
not make the disclosure on the title and shall obtain a new disclosure from the
seller. This subsection does 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.
(8) 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 (6) 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.
(9)
When power of attorney is granted under section (8) 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 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 sign their 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 (7) 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 is not 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.
(10) 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 the
original power of attorney or one of the secure copies of a multi-copy form to:
(a) The Oregon DMV, along with the title and
any other requirements, if that person is applying for title in their name or
on behalf of the new applicant; or
(b) Whomever that person provides the
title.
Notes
Statutory/Other Authority: ORS 184.619, 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, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080
Statutes/Other Implemented: ORS 803.120, 803.122, 803.124 & 49 CFR Part 580
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