Or. Admin. R. 735-028-0080

Current through Register Vol. 63, No. 9, September 1, 2024

Section 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.

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; DMV 19-2022, temporary amend filed 12/20/2022, effective 12/21/2022 through 6/18/2023; DMV 12-2023, amend filed 05/15/2023, effective 5/15/2023

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