Many dealers have chosen to retain the services of outside title clerks or companies to do their title work. In many cases this is a good idea. In other cases, it is a waste of time and money. Title and Registration procedures are not as hard as some people imagine, so if your reason for not doing it is based on fear, you may want to take another look at it. However, if you are understaffed or do not have a competent clerk on your staff you may be wise to farm your titlework out to a professional. If you are constantly late in getting your titlework done, you will probably save money by not having to pay late fees when you fail to get it done within 30 days as prescribed by law.

The DMV Procedures Manual is the Bible for all title clerks and is available to your dealership for $30 (this includes a 3-ring binder to keep it in). In addition, DMV has released a 45 minute video tape on title and registration procedures. It is accompanied by a really good titlework manual. Both tape and manual cost only $10 together. They are well worth the price.

As a dealer, you are required by law to transfer titles and submit registrations within 30 days of making a sale. If you fail to do so, you will be fined $10. You may not pass the cost of this fine on to your customer. Failure to do this titlework on a timely basis is grounds for disciplinary actions. You may not give the paperwork to your customer and ask him to go do it himself. However, if the customer is from out of state and wants to register in his own state, you may just give him the completed signed title, collect the appropriate sales tax that would have been charged in his home state and then have him sign an affidavit promising to title and register the vehicle in his home state within 10 days. That gets you off the hook, and the title and registration obligations belong to him, not you. You may even give him a 30 day temp tag to get him on his way.

If you sell a vehicle that is not roadworthy (bad brakes, etc.) you must still title it for your customer. However, you do not want to register it. You should complete the "Non Use Affidavit" portion of the HSMV 82040 form and have your customer sign it. This lets you do a Title Transfer but does not do a registration. Do not issue a temp tag and do not allow the customer to drive it off your lot. It must be flatbedded or towed on a dolly. The "Non Use Affidavit" forbids the vehicle to be on the roads of this state. When the customer and the vehicle are gone, you are off the hook. When the customer gets the vehicle in working order, it is his job to get it registered. If he comes back later to your dealership to get a temp tag, you must NOT issue one. He is required to contact the Tag Office and get one from them if he really needs one.

When completing titlework, there are some rules that I believe you should follow: (Just don't hold me responsible)

Titles should show owner's last name, first name, and full middle or maiden namel. If no middle name exists, enter (-) in its place. Try to use the name as it appears on the Florida driver license.

On title applications (as buyer) all buyers must sign. As sellers, if they are in an "or" relationship, only one must sign.

There is no statutory age minimum for owning a vehicle. But, you would be wise to not accept a contract signed by a minor without the additional signature of a parent or guardian (copy of letter of guardianship must accompany title if used).

An illiterate customer may sign by use of the letter "x", but you should have that signature notarized. The notary should print the customer's first name to the left of the "x" and his last name to the right. Then, write "his mark" beneath that line.

Name changes by marriage or court order all require a copy of the marriage license or court decree.

All title applications must have a street address. A PO Box alone will not do. You may include a PO Box as additional information if the customer wishes. If he has no street address, he should use the address of his work place, a relative or a friend.

Vehicle titles may be branded by the state to show a past status. Taxicab, police, rebuilt, lease, glider kit, replica, electric, and water damaged are the options. None of these brands can be removed, with the exception of "lease". Once you have sold a lease vehicle to a customer, he may apply to have the "lease" brand removed if he pays the appropriate fees. Be sure to advise your customer in writing prior to sale if any of the above brands exists.

The HSMV 82053 Power of Attorney form may be used to sign for buyer or seller. It may not be used by you or your employee to sign a secure odometer disclosure because the state considers you and your employees to be "one person or entity" and your "entity" would be signing as both buyer (under POA) and seller (as dealer). It can be used to register liens and sign certain non-secure documents.

If a title to a trade-in or purchased vehicle is lost or destroyed, you may apply for a duplicate title for your customer. You would be wise to enter your address as the mailing address. You may then have the customer (seller) sign a Secure Power of Attorney HSMV 82995 form (part-A) giving you power of attorney. Then, when the title arrives, you may sign the title for him as POA and then you should complete part-C of the form to show that you did it properly. If by chance you sell the vehicle before the duplicate title arrives, you may complete part-B of the form and have the buyer give you his power of attorney. Then, you may sign for both buyer and seller under the "secure power of attorney" given to you by this HSMV 82995 form. Never fill out part-B unless part-A was also completed.

Use the reassignment sections on the back of the title to sell the vehicle whether at retail or to another dealer. If all three reassignment sections are already used, just use the HSMV 82994 form as though it were part of the title. Attach a copy to the title, keep a copy and send a copy to Tallahassee. There is no limit on how many reassignment forms may be used.

Keep a copy of HSMV 82994 and 82995 and the Buyer's Guide and Polution Control Certification forms for 5 years.

To show sex of buyer on the Title Application you must, enter M (male), F (female) or C (company or corporation).

Valid proof of insurance includes an insurance card, a binder, a copy of a policy's declarations page or a PIP Affidavit form HSMV 83330. Make two copies, one to submit with the application and one for your files.

If available, you should include a driver license number on the registration. If the applicant is a company or has no driver license, enter the letter "N". There is no law that requires a buyer to have a driver license, but he must still have the state required insurance on the vehicle.

Odometer disclosure forms require both the buyer and the seller to sign and handprint their names. Odometer declaration forms require only the signature of the buyer. Dealers must use secure odometer disclosure forms. Secure forms include the title itself, the Secure Power of Attorney (HSMV 82995) and the Reassignment Supplement (HSMV 82994).

When titling in a fictitious name joined by D/B/A, you need to submit a copy of the fictitious name affidavit filed with the Division of Corporations of the Department of State. Examples: John Smith D/B/A John Smith Electronics.

If you do not transfer a license plate at the time of registration, the customer will be charged a $100 impact fee. You will be responsible for paying it to the tag office. If the customer can show proof to the tag office that he or any immediate residing family member previously posessed a registered vehicle and surrendered it he can apply for a refund. This should be between your customer and the tag office. Stay out of this one.

Florida is a "title in hand" state. You must possess a title if you are in possession of a vehicle. The only exception is called "reasonable indicia of ownership", and there are only two acceptable ways for this to happen. If you have applied for a duplicate title and have a copy of the application, you may display and/or sell the vehicle without having the title in hand. Or, if you bought or traded for a vehicle and the title is still in the hands of a lienholder, you need a copy of the bill of sale giving you ownership and a copy of your check which was sent to the lienholder. In both circumstances, you will need to use the HSMV 82995 form giving you power of attorney to sign the title disclosures when the title finally arrives at your dealership.

If a dealer applies for a title in the dealership name and records a lien, Sales Tax must be paid, even if the intent is to record the vehicle in inventory for reaale..

Consignments can be messy. If you give or accept a vehicle for consignment, you must have a consignment agreement signed by you and the other party stating terms, conditions and minimum selling price of the vehicle. The seller must also have a power of attorney signed by the owner giving access to the title in the event that the owner changes his mind after it is sold. Insurance is a potentialproblem if you haven't checked with your garage insurance company to learn who is responsible for any loss or damages caused to or by the consignment vehicle.

The "Federal Buyer's Guide" window sticker must be present on all cars displayed or offered for sale by a dealer. When sold, a signed copy must be given to the customer and another must be retained in your files for 5 years.

The "Certification of Pollution Control" form must be completed and a signed copy given to the customer and another placed in your files for 5 years. Don't be fooled. You must do this whether you are in an inspection county or not. As a special note, Hillsboro county has a more extensive set of rules and consequently has a special form to be used only by Hillsboro dealers instead of the form used by all other dealers in the state. Which form you use is determined by where your dealership is located, not by where the customer lives.

A notary public may never notarize a document that was not signed in his presence. The owner (or officer) and his spouse are considered to have a "financial interest" in the sale of the vehicle and may therefore NOT act as a notary on titlework, but anyother employee may, even if they receive a salary or commission affected by this sale.

Florida titles do NOT need to be notarized, even if there is a place for a notary on the title itself. However, if an out of state title has a place for a notary signature, you would be wise to have it notarized just in case that state demands it.

If you happen to run into a title that shows the ownership in an "and/or" relationship, treat it like an "and" relationship and demand that all owners sign. Usually, this is not a problem but it has been known to happen. Use caution, not sorrow.

If a customer "trades down" and there is no sales tax due, it is not a problem. Section 13 of the HSMV 82040 title application form allows you to show this situation and you will not be forced to pay sales tax on this sale.

If you obtain a new vehicle from a franchise dealer and he assigns the MSO or MCO ownership papers to you it will show up as a "used" vehicle when you procure title for your customer. even though it may have no mileage on it at all,

Periodically, it is helpful to review the rules and procedures affecting your industry. There are two Dealer Training Schools that you and your employees may attend. Contact your local DMV office for authorized Dealer School phone numbers.