Selling Colombian bike on POA possible?
 

Hello all,

Tomorrow I will check out a Colombian plated KLR in Santiago, Chile, to drive it back to Colombia on a POA/Poder.
I see no problems in border crossings and selling in Colombia. Worst case, I would have to register it to my name in Colombia before I could sell it.

But what if the odds are against me and I want to quit in say Ecuador/Peru or Chile?
How does it work to sell the bike on a poder to an other traveller or local?

Thanks in advance!

Bas, the cobra in the toilet is liability coverage. It is well and good you purchase insurance, are able to pass borders and even sell your Colombian plated bike, but if there is an accident and the mandatory/de rigor investigation of title and history of transfers of title concludes there has been an illegal title transfer, the insurance company will not provide the lawyer/bail necessary to get you out of jail, represent you or pay damages awarded by the court.

Not sure of the weight insurance companies give to a poder - generated by a cash hungry attorney, with little or no regard for the future plans of the bike , the bike's actual owner or the new buyer.

Remember in most South American countries, after a serious accident, the local police send everyone to jail until a judge determines liability and the wait to appear before a judge might be months and more probably years. Without valid insurance, one just remains in jail.

I am Spanish, a retired PhD professor with 20 years teaching at universities, have a motorcycle parking business in Buenos Aires, (advertised on the HUBB) I have taught at a university in Chile.
rosa del desierto

So you say, the only way to go is register in a legal way to get the motorcycle on my name?

I thought POA was a 100% legal way as wel, only the owner would stay the owner.

To simplify - IF you have all the proper POA documents, AND proper insurance, you should have no issues. BE SURE you trust the "seller" and can reach him if there is an issue - it's still HIS bike in the eyes of the law, and the insurance would have to be taken out by him as well - so crossing a border might be an issue to get new LEGAL insurance.

It's being certain that it's all 100% legit that is the issue.

IF you can get a 100% legal title transfer and it's in your name, you're good.

Let us know what happens! We're all still trying to figure out what you can and can't do - and how to do what you can!

Good luck, and thanks!

Yes and a poder doesn't really ever change that status. He owns it and you are borrowing it.

Have you checked the process for transferring ownership of a Colombian vehicle in Colombia.

Poder and Apostilla de la Haya
 

Grant , thanks for jumping in to clarify the "poder."

Have you or others considered the fact that an Apostilla de la Haya (Apostile of the Hague) must be applied for in any signatory country that issues a "poder" to validate the "poder" in any other signatory country excluding the country of issue.

A legal "poder" is valid in the country of issue and the Apostille (https://en.wikipedia.org/wiki/Apostille_Convention) issued in the country that issues the poder, if it is a signatory country, will make the poder legal in other signatory countries if listed on the Apostille.

You will find a list of the signatory countries at the link above.

The Department of State/Ministry of Forign Affairs of a Signatory country will issue an Apostilla de la Haya once the "poder" is validated. This process might take 6 weeks in most South American countries - if one is lucky.

While teaching in South America I needed to validate my birth certificate issued in Spain, so I had to request an Apostilla de la Haya from the Ministry of Foreign Affairs in Spain. This took 3 months.

If the owner of a motor vehicle wants to allow another to legally operate the motor vehicle out side of the country that issues a "poder," the owner must also apply for an "Apostilla" from the Minsitry of Foreign Affairs of the country the issed the "poder."

May I suggest it is much simpler for a tourist to buy in country and sell in country. And, I would like to remind the owners of motor vehicles being operated by others with a "poder" that the owner, and the rider may be held libel in a court of law for damages/personal injury etc.

And, most importantly, without an "Apostille" validating the "poder,"in any country other than the country that issued the "poder" gives the insurance company insuring an owner a loop hole for not paying damages/bail etc.
,
Some countries are not signatory countries to the Apostilla de la Haya, but these are few.

Thanks for supporting my effort to help clarify the issue of the legalities involved in riding South America. I hope others will do the same.

rosa del desierto

Thanks for all the reactions guys.
I bought the bike, with Poder and indeed an Apostilla.

Right now we are driving up to Colombia to sell the bike there.

I havent checked the difficulties about that Tony LEE.
You sound like you know more ;)