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The HSMV 82995 form, issued by the Florida Department of Highway Safety and Motor Vehicles, serves a vital purpose in the motor vehicle transfer process. This document is primarily utilized in situations where the title is physically held by a lienholder or when the title has been lost. It streamlines the process of transferring ownership by granting powers of attorney to appointed individuals, specifically for the disclosure of vehicle mileage. The form is divided into several parts, each addressing distinct aspects of the transaction. For instance, Part A enables the seller to appoint an attorney-in-fact to disclose the odometer reading, while Part B allows the buyer to acknowledge receipt of this information and apply for the title. Most importantly, the form includes safeguards to ensure that the disclosed mileage is accurate, highlighting the potential legal ramifications of providing false information. Additional sections of the form also provide instructions for licensed dealers and outline the necessary steps to ensure compliance with state and federal laws. Filling out this form accurately is indispensable in facilitating a successful title transfer and avoiding penalties.

Fl Hsmv 82995 Example

HSMV 82995 (REV. 06/21Ϳ^

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DIVISION OF MOTOR SERVICES

2900 Apalachee Parkway - Tallahassee, 32399-0610

MOTOR VEHICLE POWER OF ATTORNEY/ODOMETER DISCLOSURE

(Instructions on Reverse Side)

This form may be used when title is physically held by lienholder or when the title has been lost. This form must be submitted to the state by the person exercising Powers of Attorney. Failure to do so may result in fines or imprisonment.

VEHICLE DESCRIPTION

 

 

Vehicle Identification Number

Year

Make

 

Model

Body

Title No.

 

 

 

 

 

 

 

PART A. TRANSFEROR (SELLER’S) POWER OF ATTORNEY TO DISCLOSE MILEAGE.

 

 

 

 

 

I/We,

 

 

appoint

 

 

 

 

(Print Seller’s Name)

 

 

 

(Print Name of Dealership/Business)

as of

 

as my/our attorney-in-fact with full authority to transfer title, to satisfy any lien and to disclose the milea ge for the vehicle

(Date)

described above, exactly as stated in the following disclosure.

WARNING: Federal law and State law require that you state the mileage in connection with transfer of ownership . Providing a false stat ement may result in fines or imprisonment.

I/WE STATE THAT THIS DATE READ

5DIGIT OR 6 DIGIT ODOMETER NOW READS,

 

 

,

 

 

 

 

xx (NO TENTHS) MILES,

 

 

 

, AND I/WE HEREBY CERTIFY THAT TO THE BEST OF0<285

.12:/('*(7+(2'20(7(55($',1*

TRANSFEROR

(Seller):

TRANSFEREE

(Purchaser):

1. REFLECTS ACTUAL MILAGE

2. IS IN EXCESS OF ITS MECHANICAL LIMITS.

3. IS NOT THE ACTUAL MILEAGE

WARNING ODOMETER DISCREPANCY

UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE.

Seller’s Signature

 

 

Seller’s Printed Name

 

 

 

 

 

Co Seller’s Signature

 

 

Co Seller’s Printed Name

 

 

 

 

 

Seller’s Street Address

 

 

City

 

State

 

Zip

 

Purchaser’s Signature

 

 

Purchaser’s Printed Name

 

 

 

 

 

Purchaser’s Dealership Name

 

Dealer License No.

 

 

 

 

 

 

 

 

 

(Print Name of Dealership/Business)

 

 

 

 

Business Address

 

 

City

 

State

 

Zip

 

PART B. TRANSFEREE (PURCHASER) POWER OF ATTORNEY TO REVIEW TITLE DOCUMENTS AND ACKNOWLEDGE DISCLOSURE. (PART B IS INVALID UNLESS PART A HAS BEEN COMPLETED.)

I/We,

 

 

 

 

 

 

 

 

appoint

 

 

 

 

 

 

 

 

 

 

 

(Print Purchaser’s Name)

 

 

(Print Name of Dealership/Business)

as of

 

 

 

 

 

 

 

as my/our attorney-in-fact for the purpose of and with full authority to apply for title and/or registration, t o file a lien and

 

 

 

 

 

(Date)

 

 

 

 

 

 

 

 

 

 

 

to sign the mileage disclosure on the title for the vehicle described above, only if the disclosure is exactly as the disclos ure completed below.

WARNING: Federal law and State law require that you state the mileage in connection with transfer of ownership. Providing a false stat ement may result in

fines or imprisonment.

 

 

 

 

 

 

 

 

 

 

. xx (NO TENTHS) MILES,

I/WE STATE THAT THIS

 

5DIGIT OR 6 DIGIT ODOMETER NOW READS,

,

DATE READ

 

 

 

 

 

 

 

 

 

 

 

, AND I/WE HEREBY CERTIFY THAT TO THE BEST OF MY/OUR KNOWLEDGE THE ODOMETER READING:

1. REFLECTS ACTUAL MILAGE

2. IS IN EXCESS OF ITS MECHANICAL LIMITS.

3.IS NOT THE ACTUAL MILEAGE WARNING ODOMETER DISCREPANCY

UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE.

TRANSFEROR

(Seller):

TRANSFEREE

(Purchaser):

Seller’s Signature

Business Address

Purchaser’s Signature

Co Purchaser’s Signature

Purchaser’s Name

Seller’s Printed Name

 

 

 

 

 

 

(For Dealership / Business)

 

(For Dealership / Business)

 

 

City

 

 

State

 

 

Zip

 

Purchaser’s Printed Name

Co Purchaser’s Printed Name

Street Address

City

 

State

 

Zip

PART C. CERTIFICATION BY ATTORNEY IN FACT (Person completing Part C must be the same person transferring information and signing the title.)

I,

, hereby certify that the mileage I have disclosed on the title document is

(Print Name of Person exercising above power(s) of attorney)

consistent with that provided to me in the above power(s) of attorney. Further, upon examination of the title and any reassignment documents for the vehicle described above, the mileage disclosure I have made on the title pursuant to the power of attorney is the same or greater than that previously stated on the title reassigned documents. This certificate is not intended to create, nor does it create any new or additional liability under Federal or State law.

UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE.

Signature

 

Date

 

 

Printed Name

 

 

 

 

 

 

 

Street Address

 

 

 

 

City

 

 

State

 

Zip

 

 

 

 

 

ORIGINAL:DMS Copy (with Title)

 

GOLD COPY:Dealer/Business

YELLOW COPY:Part A Seller

 

 

 

 

WHO IS AUTHORIZED TO USE THIS FORM?:

OWNERS (SELLERS) TRANSFERRING THEIR OWNERSHIP IN THE MOTOR VEHICLE DESCRIBED ON THIS FORM TO A PURCHASER WHO WILL USE THIS POWER OF ATTORNEY TO MAKE A REQUIRED ODOMETER DISCLOSURE ON BEHALF OF THE SELLER (SELLERS MUST COMPLETE PART A WHEN TITLE IS NOT AVAILABLE FOR ODOMETER DISCLOSURE).

PURCHASERS OBTAINING OWNERSHIP OF THE MOTOR VEHICLE DESCRIBED ON THIS FORM FROM A LICENSED MOTOR VEHICLE DEALER WILL USE THIS POWER OF ATTORNEY TO MAKE A REQUIRED ODOMETER DISCLOSURE ON BEHALF OF THE PURCHASER. (PURCHASER MUST COMPLETE PART B WHEN THE TITLE CERTIFICATE IS NOT AVAILABLE AND PART A HAS BEEN COMPLETED.)

DEALERS LICENSED IN THE STATE OF FLORIDA TO BUY AND SELL MOTOR VEHICLES WILL USE THE POWER(S) OF ATTORNEY TO MAKE REQUIRED ODOMETER DISCLOSURES FOR MOTOR VEHICLE SELLERS AND/OR PURCHASERS. (DEALERS MUST ALWAYS COMPLETE PART C.)

THIS FORM SHOULD BE USED:

WHEN THE CERTIFICATE OF TITLE IS PHYSICALLY HELD BY A LIENHOLDER AND IS NOT AVAILABLE FOR ENDORSEMENT FOR TRANSFER AND ODOMETER DISCLOSURE.

WHEN THE CERTIFICATE OF TITLE HAS BEEN LOST OR DESTROYED AND IS NOT AVAILABLE FOR ENDORSEMENT FOR TRANSFER AND ODOMETER DISCLOSURE.

THIS FORM IS NOT REQUIRED:

WHEN THE MOTOR VEHICLE IS EXEMPT FROM THE ODOMETER DISCLOSURE REQUIREMENTS UNDER FEDERAL AND STATE LAW. THESE EXEMPTIONS ARE:

-MOTOR VEHICLES WITH A MODEL YEAR OF 2011 OR NEWER ARE EXEMPT AFTER TWENTY (20) YEARS AND MOTOR VEHICLES WITH A MODEL YEAR OF 2010 OR OLDER ARE EXEMPT AFTER TEN (10) YEARS.

-MOTOR VEHICLE IS NOT SELF PROPELLED

-MOTOR VEHICLE HAS A GROSS VEHICLE WEIGHT RATING (GVWR) OF MORE THAN 16,000 POUNDS.

NOTE: IF A POWER OF ATTORNEY FORM IS NEEDED FOR AN EXEMPT VEHICLE (SEE ABOVE LIST OF EXEMPTIONS), USE FORM HSMV 82053.

FILING OF COPIES:

ORIGINAL: TO BE ATTACHED TO THE CERTIFICATE OF TITLE WHEN OBTAINED AND IS TO REMAIN WITH THE TITLE UNTIL THE APPLICATION FOR TITLE IS MADE FOR THE PURCHASER.

SECOND COPY: TO BE RETAINED BY THE DEALER FOR A PERIOD OF FIVE (5) YEARS.

THIRD COPY: TO BE GIVEN TO THE SELLER WHO COMPLETED THE POWER OF ATTORNEY IN PART A.

NOTE: IF THE MOTOR VEHICLE IS BEING SOLD TO AN OUT OF STATE PURCHASER OR AN OUT OF STATE DEALER, THE FLORIDA DEALER MUST PHOTOCOPY THE COMPLETED ORIGINAL OF THIS FORM AND MAIL DIRECTLY TO THE DEPARTMENT WITHIN FIVE (5) BUSINESS DAYS AFTER THE CERTIFICATE OF TITLE AND DEALER REASSIGNMENT FORM ARE DELIVERED BY THE DEALER TO ITS PURCHASER.

Form Characteristics

Fact Name Details
Form Title MOTOR VEHICLE POWER OF ATTORNEY/ODOMETER DISCLOSURE
Governing Law Florida Statutes, Sections 320.20 and 319.23
Usage Used when the title is held by a lienholder or lost.
Submission Responsibility The person exercising Powers of Attorney must submit the form.
Odometer Disclosure Requirement Must state the mileage when transferring ownership; failure to do may lead to penalties.
Parts of the Form Includes Part A, Part B, and Part C for various roles and responsibilities.
Authorized Users Owners selling their vehicles, purchasers from dealers, and licensed dealers.
Retention of Copies Original stays with title; duplicates retained by dealer and seller for five years.

Guidelines on Utilizing Fl Hsmv 82995

Completing the FL HSMV 82995 form is an important step in the process of transferring vehicle ownership and ensuring accurate mileage disclosure. Properly filling out this form helps avoid potential legal issues or fines associated with inaccuracies in odometer readings. Follow these steps carefully to ensure that all necessary information is reported accurately.

  1. Begin by entering the vehicle description at the top of the form. Fill in the Vehicle Identification Number, Year, Make, Model, and Title Number.
  2. In Part A, identify the transferor (seller). Print the seller's name and the name of the dealership or business in the designated spaces.
  3. Provide the date when the power of attorney is being appointed.
  4. State the current odometer reading in the space provided, ensuring you write the number clearly without tenths.
  5. Select one of the three options regarding the odometer reading: Actual Mileage, Exceeds Mechanical Limits, or Not Actual Mileage.
  6. Both seller and co-seller must sign and print their names. Include their street address, city, state, and zip code.
  7. In Part B, identify the transferee (purchaser) and fill in their name and the dealership business name.
  8. Again, provide the date when this power of attorney is set and state the current odometer reading clearly.
  9. As with Part A, select the option regarding the odometer reading, confirming the disclosure is accurate.
  10. Both purchasers must sign and print their names with the dealership's license number included.
  11. Part C requires the person completing the sections above to certify the mileage disclosure is accurate. Print their name, sign, and provide the date, address, city, state, and zip code.
  12. Make copies of the completed form as follows: the original stays with the title; the second copy should be kept by the dealer for five years; and the third copy is given to the seller.

After filling out the form, ensure that all fields are completed and signatures are obtained where necessary. The original copy needs to be submitted as instructed for proper processing. Remember to keep copies for your records.

What You Should Know About This Form

What is the purpose of the HSMV 82995 form?

The HSMV 82995 form serves as a Power of Attorney and Odometer Disclosure form for motor vehicles in Florida. It is used when the title of a vehicle is held by a lienholder or when the title has been lost. This form allows the seller to authorize someone to disclose the vehicle's mileage during the transfer of ownership. It ensures compliance with federal and state laws regarding odometer disclosures.

Who can use the HSMV 82995 form?

The form can be used by vehicle owners (sellers) transferring their ownership of a motor vehicle. It is also applicable for purchasers acquiring a vehicle from a licensed dealer. Licensed dealers must complete the form when facilitating title transfers and disclosures on behalf of sellers or purchasers.

What information do I need to fill out when completing this form?

You will need to provide detailed information about the vehicle, including the Vehicle Identification Number (VIN), year, make, model, and title number. You also have to fill out the names and signatures of the transferor (seller) and transferee (purchaser), including addresses. Additionally, the current odometer reading must be disclosed along with any relevant mileage disclosures, marked accurately as per the vehicle’s history.

What happens if the form is not properly submitted?

Failing to properly submit the HSMV 82995 form can result in serious consequences, including fines or even imprisonment. It is crucial to ensure that all sections of the form are completed accurately and submitted to the appropriate state department to avoid these penalties.

Are there situations where the HSMV 82995 form is not required?

Yes, the form is not required for vehicles that are exempt from odometer disclosure requirements. Exemptions include vehicles with a model year of 2011 or newer that are over 20 years old, vehicles not self-propelled, and vehicles with a Gross Vehicle Weight Rating (GVWR) over 16,000 pounds. For exempt vehicles, another form, the HSMV 82053, will be needed if a power of attorney is required.

What is the filing procedure after completing the HSMV 82995 form?

After completing the form, the original copy must be attached to the vehicle's title when it is obtained and kept with it until the title application is filed for the purchaser. A second copy should be retained by the dealer for five years, and the third copy must be provided to the seller. If the vehicle is sold to an out-of-state purchaser or dealer, the dealer needs to photocopy the completed form and mail it to the Department within five business days after delivering the title and reassignment form.

Common mistakes

When filling out the FL HSMV 82995 form, there are several common mistakes that individuals often make. These errors can lead to delays or complications in the title transfer process. Understanding these pitfalls can help ensure a smoother experience when transferring vehicle ownership.

One common mistake is failing to complete all relevant sections. The form consists of different parts, and it is crucial to fill out Part A when transferring ownership, regardless of whether the title is available. Omitting important details may render the form invalid, and it could result in further complications.

Another mistake frequently made is inaccurate odometer readings. The form requires the seller to disclose the exact mileage of the vehicle at the time of sale. A simple typo or incorrect reading can cause issues, including legal repercussions. It's essential to double-check the odometer before submitting the form.

Some individuals also fail to sign the form properly. Every party involved in the transaction must provide their signature where required. If any signatures are missing, the form won’t be accepted, which could delay the title transfer process.

People sometimes make the mistake of not understanding the warnings provided on the form. The FL HSMV 82995 includes important notices about the penalties for false statements regarding odometer readings. Ignoring these warnings can result in significant legal consequences.

Additionally, many forget to retain copies of the form for their records. After the form is completed and submitted, it is vital to keep a copy for personal reference. This can help in case there are any discrepancies or issues later regarding the title transfer.

A final frequent error is not familiarizing themselves with the associated regulations. Each state has specific laws related to vehicle title transfers, and understanding these can prevent mistakes. Always take time to review the instructions and requirements outlined with the form.

Documents used along the form

The HSMV 82995 form is vital for transferring ownership of vehicles when the title is unavailable or held by a lienholder in Florida. In addition to this form, other documents may be required to ensure a smooth process. Understanding these supplementary documents can aid in navigating the complexities associated with vehicle ownership transfer.

  • HSMV 82053 Form: This form serves as a Power of Attorney for transactions involving exempt vehicles. It is utilized when a vehicle qualifies for exemptions from the odometer disclosure requirements, such as vehicles older than 10 or 20 years, depending on the model year.
  • Title Application Form (HSMV 82101): When a title is lost or being obtained for the first time, this form is required to apply for a new title. It provides the necessary details about the vehicle and the owners and must be submitted to the state’s motor vehicle division.
  • Vehicle Bill of Sale: This document serves as proof of the sale transaction between the buyer and seller. It captures essential details such as the purchase price, vehicle information, and the signatures of both parties, ensuring a record of the exchange.
  • Odometer Disclosure Statement: Often included in title transfers, this separate statement specifically declares the vehicle’s mileage at the time of transfer. It is crucial for compliance with federal and state laws regarding odometer readings.

Utilizing the appropriate forms and documents together with HSMV 82995 helps facilitate successful vehicle ownership transfer in Florida. Being well-informed about these requirements reduces the likelihood of errors and potential legal complications, ensuring a more straightforward experience for all parties involved.

Similar forms

  • Form HSMV 82053: This document serves as a Power of Attorney for exempt vehicles that do not require an odometer disclosure. Similar to HSMV 82995, it allows a person to act on behalf of another regarding the title transfer, but focuses on vehicles meeting specific exemptions.
  • Form HSMV 82040: This form is used for the application for a Certificate of Title with or without a lien. Like HSMV 82995, it deals with the ownership transfer process but lacks the odometer disclosure aspect.
  • Form HSMV 82041: This serves as an Application for Duplicate or Lost Title. Similar to HSMV 82995, it is utilized when the title is lost, but it does not include provisions for Power of Attorney or mileage disclosures.
  • Form HSMV 82101: This is a Vehicle Odometer Disclosure Statement which is necessary for many vehicle title transfers. While HSMV 82995 encompasses a Power of Attorney and odometer details, this form is specifically focused on documenting the vehicle's mileage.

Dos and Don'ts

When filling out the FL HSMV 82995 form, there are important dos and don’ts to keep in mind. Following these guidelines can help ensure a smooth process.

  • DO read the entire form and instructions carefully before starting.
  • DO ensure accurate mileage disclosure, as this is legally required.
  • DON’T leave any fields blank; incomplete information can lead to delays.
  • DON’T provide false information, as this may lead to legal consequences.

Misconceptions

Misconceptions about the Florida HSMV 82995 form can lead to confusion regarding its use and requirements. Below are eight common misconceptions, each with a brief explanation.

  1. This form is only for car dealerships. While dealerships often use the HSMV 82995 form, individual sellers can also utilize it when they are transferring ownership of a vehicle and the title is either lost or held by a lienholder.
  2. The form is unnecessary if the title is available. The HSMV 82995 form is specifically designed for situations where the title is not readily available. If the title is in hand, the standard title transfer process applies.
  3. Only the seller needs to sign the form. The form requires signatures from both the seller and the purchaser, confirming the validity of the transaction and the odometer disclosure.
  4. Odometer readings are not legally required. Federal and state laws demand that accurate odometer readings be disclosed when transferring ownership. Failure to comply can result in penalties.
  5. This form is not necessary for certain vehicles. Some vehicles may be exempt from odometer disclosure requirements based on their age or type. However, if a power of attorney is needed for an exempt vehicle, a different form (HSMV 82053) must be used.
  6. The form only serves as a power of attorney. While it grants power of attorney for title transfer and odometer disclosure, it also serves as a vital record for the transaction, particularly if issues arise later.
  7. All copies of the form can be discarded after submission. The original must accompany the title when it is issued, one copy should be retained by the dealer for five years, and another copy goes to the seller.
  8. The completion of this form guarantees title transfer. Completing the HSMV 82995 form is a step in the process, but it does not automatically guarantee transfer of ownership. The title must still be officially processed through the appropriate state channels.

Understanding these misconceptions helps ensure proper use of the HSMV 82995 form and adherence to related legal requirements.

Key takeaways

When dealing with the HSMV 82995 form, it's crucial to understand its purpose and proper usage. Here are some key takeaways:

  • This form is primarily used when the title is physically held by a lienholder or has been lost.
  • By submitting this form, individuals grant power of attorney to a designated party to act on their behalf.
  • Both federal and state laws mandate accurate mileage disclosures. Inaccurate reporting can lead to severe penalties.
  • Part A must be completed by the seller to disclose vehicle mileage.
  • The seller should always state the current mileage clearly, as it directly impacts the transaction.
  • Part B is essential for the purchaser to apply for title or registration and is only valid if Part A is complete.
  • Legal obligations exist for both buyers and sellers to ensure that mileage information is truthful.
  • Certification in Part C is required by the individual transferring the information, affirming the accuracy of the disclosed mileage.
  • Keep organized copies of the form for different parties to ensure compliance and record-keeping.
  • If the vehicle is exempt from the odometer disclosure requirements, a different form, HSMV 82053, should be used.

Understanding these points can help in navigating the complexities of vehicle title transfers and odometer disclosures with confidence.