Section 154.11. Requirements and conditions for using conforming power of attorney forms to complete odometer disclosure statements.

 

(1)   When power of attorney may be used for odometer disclosure. Upon transfer of ownership of a motor vehicle, the transferor may grant the transferee power of attorney for the purpose of completing the required odometer disclosure statement and transfer of ownership only if the transferor's title is physically held by a secured party at the time ownership of the motor vehicle is transferred.

(2)   Specifications for power of attorney form. Any power of attorney form used under the circumstances described in this section shall be subject to the following conditions and requirements:

(a) The power of attorney form shall be issued by the department only to the transferee and shall be printed by a secure printing process which complies with the requirements of 49 USC 32705 (b) (2) (A).

(b) The power of attorney form shall include the descriptive language and spaces needed for the disclosure of the information required under this subsection and sub. (3) .

(c) The power of attorney form shall include language appointing the transferee as attorney-in-fact for the purpose of completing the required odometer disclosure statement.

(d) The power of attorney form shall include language that states that federal and state odometer law requires the person granted power of attorney to state the vehicle's mileage in connection with the transfer of ownership and further states that failure on the part of the person granted power of attorney to complete the statement, providing false information, or failure to submit the original copy of the power of attorney to the department may result in civil forfeitures, fines or imprisonment.

(e) The power of attorney form shall include language certifying that the transferee who is exercising a power of attorney has disclosed on the certificate of title or any supplemental reassignment documents the vehicle's mileage as it was provided to the person exercising power of attorney on the power of attorney form and, in addition, a statement to the effect that the person exercising the power of attorney has examined the certificate of title and any reassignment documents and that the odometer disclosure statement made on the certificate of title pursuant to the power of attorney is at least as great as that previously stated on the certificate of title and any reassignment documents. The certification shall also include spaces for each of the following:

1. The signature, printed name and address of the person exercising the power of attorney.

2. The date of the certification.

(3)   Responsibilities of transferor. In connection with the transfer of ownership of a motor vehicle, a transferor whose certificate of title is physically held by a secured party and who elects to give the transferee power of attorney for the purpose of mileage disclosure and transfer of ownership shall appoint the transferee as the attorney-in-fact for such purpose and disclose the vehicle's mileage on a conforming power of attorney form issued by the department. The written odometer disclosure shall be signed by the transferor, and include the transferor's printed name in the spaces provided on the statement. In addition, the transferor shall complete the following information in the designated spaces provided on the power of attorney form and deliver it to the transferee:

(a) The odometer reading at the time of transfer, not including tenths of miles. The transferor shall certify the odometer reading as one of the following:

1. If, to the best of the transferor's knowledge, the odometer reading reflects the actual mileage, the transferor shall include a certification to that effect.

2. If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the transferor shall include a certification to that effect.

3. If the transferor knows that the odometer reading differs from the vehicle's mileage and that difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading does not reflect the actual mileage and should not be relied upon. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

(b) The date of transfer.

(c) The transferor's name and current address.

(d) The transferee's name and current address.

(e) The identity of the vehicle, including the make, model, year, body type and vehicle identification number.

(f) The transferee's signature.

(4)   Responsibilities of transferee. The transferee, upon receipt of the power of attorney form from the transferor, shall, in the designated spaces, sign the power of attorney, include the transferee's printed name and return a copy of the power of attorney to the transferor. Upon receipt of the transferor's title from the secured party, the transferee shall complete the transfer of ownership and perform each of the following:

(a) Complete the space for odometer disclosure on the certificate of title exactly the same as the vehicle's mileage which was disclosed by the transferor on the power of attorney form. If the certificate of title does not include a conforming odometer disclosure statement, the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement.

(b) Complete a certification disclosing on the certificate of title the vehicle's mileage as it was provided on the power of attorney form, and that upon examination of the certificate of title and any reassignment documents, the odometer disclosure statement made on the certificate of title pursuant to the power of attorney is at least as great as that previously stated on the certificate of title and reassignment documents. The certification shall be completed in the designated space on the same form as that on which the power of attorney was executed and shall include each of the following:

1. The signature, printed name and address of the person exercising the power of attorney.

2. The date of the certification.

(5)   Disposition of completed power of attorney.

(a) If the transferee is a dealer and is named as the transferor's agent by a conforming power of attorney and the dealer transfers ownership to a retail purchaser who is required to apply for a Wisconsin title, or if the dealer chooses to apply for a Wisconsin title pursuant to s. Trans 154.13 in the dealer's own name, the dealer shall include with the application for title the original copy of the completed conforming power of attorney form.

(b) If the transferor is a dealer and is named as the transferor's agent by a conforming power of attorney and reassigns ownership in a wholesale transaction to another dealer prior to having obtained a certificate of title naming the transferor as owner, the transferor shall submit the original copy of the completed power of attorney and a photocopy of the front and back of the certificate of title and any supporting documents to the department within 7 business days of the date of the reassignment. The transferor shall furnish the transferee with a copy of the completed conforming power of attorney form along with all other documents which are necessary to complete the transaction.

(6)   Showing power of attorney to prospective purchaser. Prior to the sale of a motor vehicle, a transferor who was granted a power of attorney by the previous owner and who holds title to the motor vehicle in the transferor's own name shall show to a prospective purchaser the copy of the previous owner's certificate of title and power of attorney form. If the transferor continues to hold the previous owner's certificate of title, the transferor shall show the certificate of title to a prospective purchaser, including the odometer disclosure statement which was completed on the certificate of title by the transferor as power of attorney for the previous owner, and the completed power of attorney form.

(7)   Power of attorney void when mileage inconsistent. If the vehicle's mileage indicated by the transferor on the power of attorney is inconsistent with that previously stated on the certificate of title and any reassignment documents, the power of attorney shall be void.

History: Cr. Register, January, 1996, No. 481 , eff. 2-1-96.