Or. Admin. Code § 735-028-0060

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-028-0060 - Restrictions on Use of a Power of Attorney for Odometer Disclosure

(1) A power of attorney may be used for making odometer disclosures required upon transfer of interest, when the party granted the power of attorney is a disinterested third party:

(a) As used in this rule and OAR 735-028-0070, "disinterested third party" means someone who is not the buyer or seller, or an employee, agent or representative of either;

(b) Provisions covering the form, content and use of a power of attorney by a disinterested third party are covered in OAR 735-028-0070.

(2) No person shall sign an odometer disclosure for both the seller and buyer in the same transaction (e.g., by power of attorney), except as provided in this section:

(a) A seller may grant the buyer power of attorney to make an odometer disclosure if:

(A) The seller's title is lost, and the buyer is applying for a replacement title on behalf of the seller; or

(B) The seller's title is being held by a lien holder.

(b) A buyer may grant power of attorney to the seller, if at the time the seller acquired the vehicle the seller was granted a power of attorney as provided in subsection (2)(a) of this rule, and has re-sold the vehicle prior to receiving the title. Any power of attorney granted under this subsection shall be made on the same form as completed by the original seller and buyer, under subsection (2)(a) of this rule.

(3) Provisions covering the form, content and use of a power of attorney between a buyer and seller are covered in OAR 735-028-0080.

Or. Admin. Code § 735-028-0060

MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

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