This article came from our good friends at the Texas Independent Automobile Dealers Association. We felt it was extremely valuable information, as so many powersports dealers have questions regarding the Brown POA.
To begin, a dealer recently called the compliance consultation service with a question about how to complete the VTR-271-A, also referred to as the Brown POA. Along with the VTR-271 and VTR-41-A, this form has created much anxiety over the years for dealers trying to buy and sell vehicles without the title present. In this blog, we will tackle the proper use of the VTR-271-A. Every dealer knows that when buying or selling a used vehicle that is self-propelled, from model year 2011 or newer, and is 16,000 pounds or less, Federal law requires an odometer discloser be made on said vehicle. The easiest way to provide this disclosure is on the certificate of title at the time of sale. However, if the title is lost or held by a lienholder, Federal law allows for a secure power of attorney to be used. In Texas, dealers can use Form VTR-271-A, which can only be obtained by a licensed dealer at the TxDMV Regional Service Centers.
UNDERSTANDING THE PARTS OF THE FORM VTR-271-A
While there are three parts to this form, most dealers will only use Part A when taking a vehicle in on a trade or buying a vehicle off the street. When completing the form, the dealer or purchaser is the Transferee in Part A, and the person selling or trading in the vehicle is the Transferor. Both parties must sign and date the documents. Once the dealer receives the title for the vehicle, he or she can sign it on behalf of their customer and attach it to the corresponding VTR-271-A prior to submitting it to the tax office.
Parts B and C should only be completed if the vehicle is subsequently transferred and the lienholder is still holding the title. In this case, the dealer will be the seller and, therefore, the Transferor.
Note: The VTR-271 or any other general power of attorney cannot be used to complete the odometer disclosure or the VTR-271-A. Confused yet? But wait, there is more! When all the reassignments on the back of the title are filled-in, or for any out-of-state titles, or in the event of repossession by a BHPH dealer, you should not use the VTR-271-A. The appropriate form for that transaction is VTR-41-A. You can find more information about that in this bulletin.
Short story: If you have questions, call our team or TIADA, and we will be happy to assist you.