QUESTION
Is used car dealership legally obligated to deliver me a paper title within 40 days, regardless of the fact that they already put the car in my name?
Asked on Oct 01st, 2014 on Consumer Law - Ohio
More details to this question:
I paid cash, including tax and title, for a used car. The dealership transferred the title to my name 2 days after purchase, but still has not sent me the paper title 45 days later (even tho I was promised to receive it by mail "in about a week" from the day I bought the car - they also will not return my calls and the car has some problems even though the ad for it listed it as having "no issues")... The Ohio TDR says the dealer must "deliver" the title to the buyer w/in 40 days from purchase, and if it doesn't, the buyer can rescind the sale as long as the dealer is notified w/in 60 days of the vehicle being titled in the buyers name... Would I be able to rescind the sale since the dealer never sent me the paper title? Thanks
1 ANSWER
Maybe. You can check with the local title department to see if the title really was transferred into your name and you can actually get a duplicate title there if there is no lien on the title. If the dealer put the title in your name and is holding it because you still owe money, they can't do that for more than 40 days and, yes, they have to send you the title, either the original (if you paid for it already), or a memorandum of title (if you still owe a loan company or the dealer if they are a buy here pay here dealer). If you can't get this worked out, you should talk to a local car sales fraud lawyer for help in doing something about this.
Answered on Oct 15th, 2014 at 5:54 AM
Answering questions on a forum like this is not legal advice and does not create an attorney-client relationship.