one (1) Dealership Representative, but it must be accompanied by a Certificate of Completion for all signatures. If you have a New Jersey or Out-of-State Title with a New Jersey Reassignment or MCO that is not being signed by the customer as a buyer, a Non-Secure POA that is digitally completed and electronically signed by the customer, certifying the Dealer Representative, may be used. The NSPOA must include a Certificate of Completion for all signatures. SECURE POA (SPOA) The SPOA is used only when a Title is lost or held by a lienholder and is mandatory. A separate Odometer Disclosure Statement is not needed and does not require a notary, but it must be filled out digitally, printed, and wet-signed. The SPOA must contain the following three (3) security features: • A star at the top left over NJMVC • A Vehicle Identification Number (VIN) • Watermark Signatures Part A is filled out by the person trading in the vehicle. Part B is filled out by a new customer when the dealership is awaiting the title. Part C is always filled out. If a dealership takes a vehicle in trade, the title is then held by the bank while awaiting a payoff and release of the title. If the dealership does not have the title in hand to be signed by both the buyer and seller, then Parts A and C must be completed. If the vehicle described above, which had been taken in trade, is subsequently sold before the dealership has received the title from the bank, the purchaser of the vehicle must complete Part B. This confirms the true mileage at the time they purchased the vehicle. Parts A, B, and C are then submitted. Odometer Disclosure Statement (OS-SS-2) The Odometer Disclosure Statement is used to state the total mileage upon the transfer of ownership. It is required to be submitted with the Dealer POA, NSPOA — if implemented — and a Leasing POA, unless an exemption applies. It is not required to be filed with a Secure POA, but a separate Odometer Disclosure Statement must be submitted for each Lease or Fleet transaction. The Odometer Disclosure Statement must be signed by both the buyer and the seller. It cannot be signed using a POA. The statement can be electronically signed, but must be done so with an accompanying Certificate of Completion. If it is used for Mileage Corrections, it must be wet-signed and notarized. Only the primary owner is required to sign; a co-owner’s signature is not necessary. If the source document is a New Jersey, Out-ofState Title, or MCO, the Title will be flipped into the purchasing customer’s name, and the dealership should use a POA to sign the title documents on behalf of the purchaser, then the purchaser must sign a separate Odometer Disclosure Statement. You cannot use a POA to sign for the customer. Alternatively, on a Lease, the lessee must sign the Odometer Disclosure Statement. Greyson Hannigan is NJ CAR’s Director of Legal and Regulatory Affairs. He can be reached at (609) 883-5056, x340 or via email at ghannigan@njcar.org. Scan this QR code to access NJ CAR’s comprehensive FAQs. https://njcar.org/wp-content/uploads/2023/07/ POA-FAQS-7-13-23Draft.pdf Scan this QR code to access NJ CAR’s Quick Reference Guide. https://njcar.org/wp-content/uploads/2023/08/ POA_Quick_Reference_Guide.pdf 21 new jersey auto retailer
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