IADA-12 / (ITD-3582)
What is a secure power of attorney?
This is a special power of attorney form for odometer disclosure purposes that has been printed on secure paper by a secure process. Only such forms designed by ITD or another state agency are acceptable.
When may a secure power of attorney be used?
Only when: The title has been lost. The title is being held by a lienholder.
For example, a person trading a vehicle into a dealer may grant power of attorney to the dealer by completing Section A of the form, if he is in one of these two situations. In this transaction, the person trading in the vehicle is the transferor, while the dealer is the transferee. When the dealer receives the title, he may execute the power of attorney on the title for the transferor and then sign again as the transferee.
If the dealer retails the vehicle before receiving the title, he may have his customer sign Section B of the power of attorney form, authorizing him to review the title documents when they are received and acknowledge the dealer's disclosure on the title.
Part C of the form is completed by the dealer as a certification that he reviewed the title and there were no mileage discrepancies.
Must a dealer's customer always sign Part B of the secure power of attorney form if the title has not yet been received?
No. The purchaser may choose to return to sign the disclosure on the title rather than grant the dealer power of attorney in part B. If he does so, the dealer must, upon his customer's request, show him a copy of the power of attorney he received from his transferor (the person who sold the vehicle to the dealer).
Also, if the dealer was granted power of attorney by the registered owner who traded in the vehicle, and the dealer titles the vehicle in his name, he must show his customer, upon request, a copy of the previous owner's title and the power of attorney form.
How should the four parts of the secure power of attorney form be distributed?
The original is attached to the certificate of title when obtained. It must remain with the title when the dealer files a title application for the buyer. The secure copy (copy printed on secure paper) is filed with ITD by the dealer who is exercising the seller's power of attorney when the vehicle is either sold wholesale or is retailed to a customer who is not an Idaho resident. A copy of the title (front and back) must be attached. A second copy is retained by the dealer for a period of five years. A third copy is given to the seller who completed the power of attorney in Part A. If the vehicle is either sold wholesale or is retailed to a customer who is not an Idaho resident, return a secure copy of the power of attorney with a copy of the vehicle title (front and back) to:
Vehicle Services Idaho Transportation Department PO Box 7129 Boise, ID 83707-1129
If the dealer buys or accepts a vehicle on trade-in, receives an Idaho POA to disclose the odometer reading, and then wholesales the vehicle to another dealer, may he pass the POA to the new dealer to use when retailing the vehicle?
Yes, but the first POA "copy" on secure paper must be returned to ITD with a copy of the title front and back.
May secure power of attorney forms be used for transfer of ownership purposes?
Though ITD's 3-89 printing of this form does not incorporate language relating to the transfer of ownership, the 2-91 and 3-93 revisions do. ITD will recognize all of these documents if it is executed as a release for the transferor. If the vehicle is to be transferred to another state, check with that state to see if the 3-89 version is acceptable there.