Is Selling a Car with a Power of Attorney Risky?

Selling a car via power of attorney is a legally valid method if the power of attorney has been properly drafted; however, using a general power of attorney, leaving the authorities ambiguous, or allowing uncontrolled payment flow exposes the seller to serious legal and financial risks. For this reason, apart from unavoidable circumstances such as being abroad or health conditions, a direct transfer at the notary is always the safer choice.

When is selling a car via power of attorney necessary?

The legitimate scope of use for this method is narrow. The most typical example is the vehicle's owner living abroad. Someone who wants to sell their car without coming to Türkiye can complete this transaction at a notary through an agent in Türkiye with a properly drafted power of attorney. Within the country, a power of attorney is mostly a route resorted to by owners whose health condition restricts their mobility or who are obligated to enter and leave the country.

The critical point is this: a power of attorney is a convenience tool, not an alternative to the sale procedure. Under Article 20 of the Traffic Law, the sale and transfer of registered vehicles is carried out through notaries. Handing the car over to the buyer and signing a handwritten bill of sale, or taking the payment into your account and giving the key, does not legally mean a transfer; you remain the vehicle's registered owner. In the past, such sales by bill of sale were considered handshakes; today, a notary transfer is the seller's insurance in terms of both debt inquiry and registration.

Why does a general power of attorney leave a dangerous door open?

A general power of attorney grants the agent the authority for almost every kind of transaction. Although this document is drafted with the intention of sale, in malicious hands it means that the car, or even your other assets, can fall into someone's broad sphere of action. The power of attorney to be given for a car sale must be special; the agent should be authorized only for that car, only for that transaction.

The power of attorney must clearly state the car's plate, engine, and chassis numbers and specify that the agent is authorized only for the sale of this vehicle. The text of the authority must also be complete: the authorities for sale, collection of the price, signing a new contract, and transfer/registration must be written one by one; if there is a lien record, the authority to remove the lien, and if necessary, the authority to issue receipts and discharge documents must be added. On the other hand, the text should not be inflated with unnecessary authorities; as much authority as needed is the most solid formula proven by experience.

Let us add one more detail: a minimum sale price can be stipulated in the power of attorney. In other words, the owner can add a clause stating that the vehicle must be sold for no less than a certain amount, in order to prevent the agent from selling it at a price of their choosing. A point often overlooked in practice, yet the most common source of disputes, is the sale proceeds being paid to the agent but never delivered to the owner. The safest flow is for the funds to be transferred directly into the grantor's own account, with the description "vehicle sale proceeds." If payment into the agent's account is unavoidable, this must be explicitly regulated in the contract and a notarized commitment must be obtained.

Does an unauthorized or forged power of attorney invalidate the sale?

Partially yes. A sale made with an expired power of attorney or one that does not include the authority to sell is invalid. A lawyer's power of attorney that only includes the authority to file lawsuits and follow up on cases also does not cover the sale of a vehicle; the authority to sell must be explicitly stated in the text. Confirming that the power of attorney is still in effect before the sale transaction is an essential step of due diligence for both the agent and the buyer.

A graver scenario is a forged power of attorney. A power of attorney drawn up with a stolen ID or registration document, or a transaction carried out with a forged document, gives rise to both civil and criminal liability; a sale made in this way is invalid. As former colleagues used to say, verifying the identity, the registration document, and the original power of attorney face to face before handing over the vehicle is the one rule that has not changed in thirty years.

Who bears liability for traffic fines, taxes, and accidents?

Before the sale, the notary checks the vehicle's motor vehicle tax and late payment interest, tax penalties, and traffic administrative fine debts, as well as records restricting the sale such as liens and encumbrances, through the electronic system. If there is a debt or measure preventing the sale, the transaction cannot be completed. As a rule, a traffic fine is not an obstacle to selling the vehicle, but this only holds if the fine was issued against the driver's personal ID number; a fine issued against the license plate falls within the scope of the debt.

The distinction is even more important in terms of accident liability. If the vehicle has an accident before the transfer, that is, in a sale by deed, the registered owner is, as a rule, held liable together with the driver in the capacity of operator. The operator must pay compensation under the principle of strict liability to the injured party, even if the driver is at fault. For accidents occurring after the sale date at the notary, the new owner, not the former owner, is liable. Skipping the sale means a compensation claim filed in your name; for anyone in their right mind, this is a risk not even worth discussing.

Let us not forget the defect side either. If the agent knows about the vehicle's hidden defects, both the agent and the grantor are liable. In case of suspicion of odometer inconsistency, TÜVTÜRK, authorized service, TRAMER, and HGS/OGS records should be examined, and an independent inspection should be obtained. There is also one practical requirement: if there is no active traffic insurance policy issued in the buyer's name, the notary will not start the transfer and registration process; first insurance, then registration.

How is a power of attorney revoked?

The grantor of the power of attorney can revoke it at any moment with a unilateral declaration of will, without waiting for the term to expire. For this, it is sufficient to go to any notary with an ID; the notary prepares a revocation deed. Making the cancellation notification in writing and obtaining a receipt document from the relevant institutions strengthens your hand against later disputes. Cancellation via e-Government is possible but limited in scope: only certain types of transactions can be canceled through this channel, which is why applying to a notary remains the most common and most reliable method.

A warning is also necessary: if the power of attorney is revoked before the sale is completed, the transactions made up to that point may become invalid. A power of attorney is an authority that can be withdrawn at any moment until the time of sale; the buyer should also take this into account.

How is a power of attorney issued from abroad?

A vehicle owner living abroad has two options. The first is to prepare the power of attorney at the notary service of the Turkish embassy or consulate general; this document does not require an apostille in Türkiye. The second is to have it drawn up at a foreign notary in the country of residence; in this case, it depends on whether the 1961 Hague Apostille Convention is applied in that country. If it is applied, an apostille endorsement is required; if not, the diplomatic and consular certification chain is required. In any case, a Turkish translation must be prepared.

An apostille only verifies the authenticity of the signature and seal; it does not expand the authority to sell. In other words, an apostilled power of attorney that does not include the authority to sell will leave you empty-handed at the notary's door. When traveling abroad with the vehicle, it is also mandatory to carry the original notarized power of attorney at customs.

How much does a notary transfer cost and how is it done?

The procedure is the same for everyone: appointment and document preparation, followed by identity, chassis-engine, lien-encumbrance, tax-penalty, and inspection checks, contract and signature, simultaneous payment via the Secure Payment System with instant registration, and finally delivery. The documents required for the seller are an ID, the vehicle registration certificate, and, if applicable, the original notarized power of attorney. As of 2026, the fees and duties are as follows:

In practice, transfer costs vary, and the power of attorney fee may vary as well; the parties may also agree on this differently in writing. An important note: the use of the Secure Payment System in second-hand motor land vehicle sales has been mandatory for all real and legal persons since September 27, 2024. The ability to transfer the price directly to the grantor of the power of attorney is the most important safeguard of this system in sales via power of attorney.

Power of attorney or direct notary transfer?

The comparison table speaks clearly:

In conclusion, the following sentence suffices: A power of attorney should be issued only when necessary, with limited authority and for a single vehicle as a special power of attorney; otherwise, for every sale the correct route is a notary transfer with both parties' signatures. This is also the summary of the whole article: reliable transactions are achieved through procedure, not paper.

Sources

• How to Grant a Vehicle Sales Power of Attorney from Abroad | 2026
• Notary Fees 2026: Vehicle Sale and Power of Attorney
• Legal Risks to Consider in Vehicle Purchase and Sale Transactions with a Power of Attorney
• Secure Payment System - Union of Turkish Notaries
• Notary Fees 2026 - Vehicle Sale
• How to Revoke a Power of Attorney Issued by a Notary?
• Abuse of the Power of Attorney
• Liability in a Vehicle Sold Through an Intermediary in a Traffic Accident
• Invalidity of the Sale with a Forged Power of Attorney
• Vehicle Sale, Power of Attorney Fees and More (2026)