Selling a used vehicle: Using caution with a power of attorney and other helpful tips
When selling your vehicle to an individual, you have to go to a SAAQ service outlet or an agent to transfer ownership. That said, some choose instead to fill out a power of attorney form to allow the buyer to complete the transaction alone or they mandate a trusted person to represent them. The temptation is even greater in this time of pandemic, when wait times sometimes drag on. Is this a good idea? Not necessarily.
Transfer of ownership
When a vehicle is sold between individuals, ordinarily both the buyer and seller must go together to a SAAQ service outlet or an agent (such as one of CAA-Quebec’s 11 vehicle registration centres) to transfer ownership and register the vehicle in the buyer’s name. To do that, the seller must show their driver’s licence or other official photo ID document and provide the vehicle’s mileage.
What if you can’t or don’t want to go in person?
Power of attorney: A possible solution…
If you can’t be there with your buyer, you can give them a completed and signed copy of the power of attorney form1 provided by the SAAQ, so that they can take care of the transfer of ownership for you. In other words, you give this person the right to act on your behalf for this specific transaction.
…but be careful!
Is it safe to give your buyer a power of attorney? Let’s just say that you have to be very careful, because you’re still responsible for the vehicle until the transfer of ownership is registered. Imagine for a second that your buyer “forgets” to complete the process, drives past a photo radar at high speed, and is involved in an accident causing damage or commits a hit-and-run. Who will be held responsible? You will! And if the buyer never ends up completing the transfer, the next registration renewal will be sent to you. That’s why you need to fully trust the person you give a power of attorney to, if you decide to choose this option. For peace of mind, it’s best to be patient, make an appointment at the SAAQ, and complete the transfer yourself, despite the current wait times.
Do you want to buy a used vehicle from an individual?
To avoid unpleasant surprises, here are a few things to consider:
- Before making up your mind, do your research: assess your needs, set your budget, and read reviews. CAA has created a tool to help you determine the driving costs of a vehicle. What’s more, CAA-Quebec’s Automotive Advisory Services can give you expert advice on the model you want, or the “list price” to make sure you pay the right price.
- A vehicle inspection is essential to getting an objective opinion on the vehicle’s condition before you make a commitment, whether it’s performed by your trusted garage, at an Approved Auto Repair Services facility, or at one of CAA-Quebec’s authorized Vehicle Inspection Centres.
- Make sure the vehicle you want is debt-free. To avoid having your new purchase seized, remember to check with the Register of Personal and Movable Real Rights.
- Confirm with the seller that there are no unpaid parking tickets on the vehicle. Since the SAAQ is not directly responsible for payment of tickets, you won’t be able to pay any such tickets at its outlets and will therefore have to make another trip to transfer ownership.
The SAAQ has an online verification tool to determine whether or not the vehicle can be registered (fees may apply). Otherwise, you can always request the vehicle’s record either in person at a SAAQ outlet or by submitting the request form1.
