get a lawyer when selling a car

Full Answer

How do I get power of attorney to sell a car?

The Power of Attorney to Sell a Vehicle. You can draft your own POA document or get a form from your state's department of motor vehicles. While powers of attorney can be wide-ranging documents that give someone complete power over your finances and health care, the document used for a motor vehicle is much more restricted.

How can an auto lawyer help me buy a bad car?

Auto Lawyers are very helpful for consumers who purchased a bad car because they can apply legal pressure on the dealership that sold the bad vehicle. When consumers buy bad or defective vehicles, it may be difficult for them to actually get the dealership to give them what the law entitles them to.

Can I Sell my Car to someone other than myself?

Since you are giving the power to sell your vehicle to somebody other than yourself, you will be the principal, and the individual acting for you will be the attorney-in-fact or agent. Among the responsibilities your agent will be able to fulfill is the ability to transfer a vehicle title.

Can a seller claim a car if they don’t sell it?

The seller can claim that they did not want to sell the vehicle. However, the buyer can claim the car as theirs since they have the title. There are many reasons why you would want to appoint an agent to take responsibility for your vehicle, including you cannot take care of it any longer.

How do you protect yourself when you sell your car?

7 Ways to Protect Yourself When Selling a CarScreen Callers Thoroughly.Take Precautions with the Test Drive.Ensure a Safe Transaction.Maintain a Paper Trail.Block Out Your Personal Information.Complete the Title Transfer.How to Avoid Scams and Fraud When Selling Your Car.

How can I sell my car without being scammed?

Tips for avoiding scams when selling your carMeet with buyers in person, preferably with someone you trust. When you speak with someone online, they could be on the other side of town or the other side of the world. ... Only accept cash or certified checks. ... Consider an escrow account for out-of-area buyers.

Can I sell my car without the title in Maryland?

The quick answer is no, you cannot sell (or purchase) any vehicle in Maryland without the title to the vehicle. If you are selling or buying a car, truck, trailer, motorcycle (including mopeds, scooters and ATVs) or any other motor vehicle in Maryland you must have the title.

What paperwork do I need to sell my car privately?

What Documents do you Need to Sell a Car?Title. ... Bill of Sale. ... Emissions Test Documentation. ... Owner's Manual. ... Warranty Documents. ... Service Records.

How do you know if a buyer is scamming you?

The buyer making an offer above the asking price to cover 'agent fees' or miscellaneous extra shipping fees, often abroad. The buyer makes an over payment by mistake. The buyer really wants the item and is willing to be generous.

What paperwork do I need to sell my car in Maryland?

What paperwork do I need to privately sell a car in Maryland?Vehicle certificate of title (Fill out Form VR-018 if you need a duplicate title)Notarized bill of sale, if applicable (Form VR-181)Odometer Disclosure (Form VR-197), if applicable.

Does a bill of sale have to be notarized in Maryland?

You will need a notary, witnessing both the buyer(s) and seller(s) signatures, if you present a bill of sale to complete your transaction.

How do you write a bill of sale for a car in Maryland?

How Do I Write a Maryland Bill of Sale?Their legal names.The date of the bill of sale.Certain information about the item being sold.The amount the item was sold for.The signatures of the involved parties.In some instances, the bill of sale may also need to be notarized.

Why are auto lawyers so helpful?

Auto Lawyers are very helpful for consumers who purchased a bad car because they can apply legal pressure on the dealership that sold the bad vehicle. When consumers buy bad or defective vehicles, it may be difficult for them to actually get the dealership to give them what the law entitles them to.

How to sue a car dealership?

We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: 1 You bought a car and paid more than the advertised price 2 You bought a car and it broke down soon after you drove off the lot 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage. 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

How long does it take for a car dealership to respond to a demand letter?

The dealership usually has 30 days to respond to the demand letter, but they do not always respond. In the event that the dealership gives no response, certain legal steps must be taken to legally force the dealer to compensate you for selling you a bad car. Usually, this is where the auto lawyer files a lawsuit against the dealership.

What happens if you buy a car and it breaks down?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

Can a car dealer enforce your rights?

A Car Lawyer Can Enforce Your Rights. A car lawyer can enforce your rights if the car dealer sold you a bad vehicle. It is usually difficult for a consumer to sue the dealership without a car dealership lawyer by their side.

Can you sue a car dealer in California?

Under California law, car buyers are legally able to sue their dealers for not telling the truth about the vehicle. Our legal team and lawyers against car dealerships gather evidence for a lawsuit against dealers that rip off buyers. Used car dealer fraud is common, if you are a victim, our lawyers who deal with car dealerships can help you get ...

What happens if you sell a car without a power of attorney?

If you were to sell the car on someone else’s behalf without the power of attorney, the actual owner of the car could turn around and claim you didn’t have the right to sell the car. In that case, there becomes a huge legal issue. The seller can claim they didn’t want their car sold and the buyer can claim ...

What is the most important piece of information you need to provide for a car sale?

One of the most important pieces of information you need to provide is the VIN ( vehicle identification number) for the car. Without this, there’s no way to prove which vehicle was signed over and which vehicle you had the right to sell.

What is a power of attorney?

In short, a power of attorney is when a person signs over some of their rights to another person to allow them to act on their behalf. For the most part, a power of attorney can involve managing finances or selling property like cars and homes for another person. When a person is given a power of attorney, it’s usually because ...

Why do people need power of attorney?

When a person is given a power of attorney, it’s usually because the other person is unable to act on their own behalf. They may be too sick, mentally incompetent, physically disabled, or just too old. They need someone close to them to help them sell their vehicle.

Is it legal to sell a car title in your name?

The biggest issue is that, when the title is in your name, you technically don’t owe them the money you make from selling their car.

Can you sign a title without a power of attorney?

Without the title in your name, you can’t legally sign the title over to someone else. The power of attorney is also a great tool to protect both you and the other person that you’re helping.

Can a seller claim a car they didn't want to sell?

The seller can claim they didn’t want their car sold and the buyer can claim the car as their own since they have the title. Legally speaking, you didn’t have the right to transfer the title. It’s a mess and it’s a situation you don’t want to find yourself in.

What are the advantages of a used vehicle sale agreement?

The advantages are that: it creates a straightforward legal contract between the seller and the buyer on a 'sold as seen' basis; it sets out all of the important things to be included and checked to avoid hassle afterwards.

What is a reminder to the seller of the important details to check before the sale?

It provides a reminder to the seller of the important details to check before the sale to avoid problems or price reduction. It also includes an obligation on the buyer to pay the whole sum within a certain time in cleared funds before the buyer can take ownership of the vehicle.

Can a seller return a tax disc?

The seller must handover to the buyer the car handbook, service log and MOT certificate (if it has one). If it is not included in the sale, the seller can return the tax disc to the DVLA for a refund. Insurance arrangements for the vehicle must be changed to reflect the change in ownership.

What happens if you sell a car without a power of attorney?

If you were to sell a vehicle on somebody else’s behalf without the proper vehicle power of attorney document, the car’s real owner could claim that you did not have the right to sell it. This can become a huge legal problem. The seller can claim that they did not want to sell the vehicle.

How to write a power of attorney for a vehicle?

Once you have gotten the appropriate form for your state, you can either use a software program to fill it out digitally or you can print it out and fill it out by hand. The very first piece of information that you will need to fill out will be the date.

Why does a power of attorney end?

These can include if the principal passes away, if the principal revokes it, if the principal divorces their spouse who is the agent, if a court invalidates the document, or if the agent cannot carry out the agreed upon responsibilities.

What is a motor vehicle power of attorney?

It is a legal avenue through which an individual who owns a can can delegate the responsibilities of titling, registering, purchasing, or selling the vehicle on their behalf.

How to create a power of attorney?

A more suitable way to begin the process of creating a power of attorney is by hiring an attorney who specializes in family law in your state. Most states require that the principal’s (or the person who created the power of attorney) signature is notarized.

Why do you need an agent for a car?

There are many reasons why you would want to appoint an agent to take responsibility for your vehicle, including you cannot take care of it any longer. However, it is critical to choose a person who you deeply trust and who is capable of serving as your agent.

When will the power of attorney be required for real estate?

Specific kinds of property, such as vehicles or real estate, come with titles and deeds that need to be transferred from the owner to the buyer at the time of purchase. If you wish to have somebody else transfer the property for you , it will require a power of attorney.

What is a power of attorney for a car?

A general power of attorney allows the holder, or grantee, to perform any duties that the owner legally could perform. A specific power of attorney grants the agent permission to perform only a specific action, like transferring the vehicle's title. This type of power is also time-limited, meaning it will fall away as soon as the vehicle is sold in accordance with your instructions. Some states issue secure powers of attorney that are printed with security features and normally used by dealerships.

How much does it cost to sign a power of attorney?

The fee can vary in each state and generally costs from $2 to $20 per signature. This fee is for your signatures, not the notary public's.

How to give a third person control of a vehicle?

When you want to give a third person control of the sale of your vehicle, you'll need to grant that person a power of attorney. You can draft your own POA document or get a form from your state's department of motor vehicles. While powers of attorney can be wide-ranging documents that give someone complete power over your finances and health care, ...

What is included in a power of attorney?

Also include both parties' addresses and, in some states, personal identification details like driver's license numbers. The power of attorney should also specifically state what the document is to be used for, such as selling the vehicle, applying for a certificate of title, or registering or transferring the title.

Can a person who receives a title certificate be the same person?

In some states, like New York, the person who transfers the title certificate and the person who receives the title certificate cannot be the same person. If you plan on using the POA document for more than one transaction, inform the clerk at the DMV each time you use it. If the power of attorney is going to be used only once, ...

Can you use a power of attorney template?

Using a template from your department of motor vehicles can ensure it will be valid and accepted by the DMV. Most states, including California, Florida and Ohio, have power of attorney forms available to download from their DMV websites. Whether you write your own or download a POA form, it must be valid in your state.

What did the plaintiff rely on in the car dealer case?

The plaintiff relied on the representation made by the car dealer; It was reasonable for the plaintiff to rely on the representation made by the car dealer; and. The plaintiff suffered damages as a result of relying on that representation.

What does a plaintiff have to show in a car dealer representation?

Instead, the plaintiff must only show that the car dealer made a representation or representations under circumstances which indicate a reckless disregard for the truth or that they ought to have known that the representations they made were not true.

What are the elements a plaintiff must prove to sue a car dealership?

The elements a plaintiff must prove to sue a car dealership include: The plaintiff suffered economic damages as a result of relying upon the false representation. Proving all of these elements in court may be complicated and requires the aid of a skilled lawyer.

What is the liability of a car dealer for misrepresentation?

Car Dealer Liability for Misrepresentation When Selling a Vehicle. Vehicle dealers are prohibited by federal law from misrepresenting either the mechanical condition of a vehicle or the terms and conditions or the existence of a warranty for a vehicle. If an individual has relied on a false or misleading claim when purchasing a faulty vehicle, ...

What is the best way to gather evidence of a car dealer's deceptive trade practices?

A lawyer is best equipped to gather evidence of the car dealer’s deceptive trade practices, obtain witnesses to testify regarding the deception, and advocate for the plaintiff in court. Find the Right Products and Services Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!

Can you sue a car dealership for misrepresentation?

Suing a car dealership for misrepresentation may be possible in certain circumstances. If an individual has already purchased a vehicle and later determines that something is wrong with it, they may have a cause of action against the car dealer. In order to sue a car dealership for misrepresentation, the individual must show:

Can you sue a bicycle seller for not working brakes?

For example, if an individual purchases a bicycle with brakes that do not work, they may sue the seller for the cost of the brake inspection. In a breach of contract case that deals with a negligent misrepresentation, damages are typically limited to financial damages.

Can You Sell a Car With an Existing Loan?

It’s possible to sell your car when you still owe money on it, but you’ll need to deal with the lender’s legal claim on the car first. When you have a loan on a car, your lender is a lienholder with a legal interest in your vehicle.

How To Sell a Financed Car

Once you’ve decided to sell your financed vehicle, the first and most important step is to contact your loan servicer. If you’re trying to sell your car because you can’t afford the car payment anymore, ask the lender if they can adjust the terms of your loan contract to make your payment more affordable. Refinancing may also be an option.

How To Sell a Car With Positive Equity

If you have positive equity in your vehicle, it will be easier to sell than if you’re upside-down on your loan. Again, having positive equity means that your car is worth more than what you owe on the loan. So if your car is valued at $10,000 and you owe $8,000 on the loan, you have $2,000 in positive equity.

How To Sell a Car With Negative Equity

If you owe more on your car than it is worth, you have negative equity. You can still sell a car with negative equity, but it’s more challenging. If you’re upside down on a car loan, you’re responsible for paying the difference between the sale price and the loan’s payoff balance.

Let's Summarize..

Selling a car that has an auto loan can be challenging, but it’s possible. That’s because the lender has a legal claim to the car that must be cleared for you to sell the vehicle. The easiest path forward is to pay off the loan. If this isn’t possible, you still have options.