Are you still waiting for title to your used vehicle more than 40 days after purchase?

Are you having trouble getting the title to your "new to you" used car or truck?  You may not be alone.

On June 7, 2013, the Ohio Attorney General annouced that it had filed lawsuits against 2 Ohio used car dealerships, seeking $56,000 in reimbursement claims paid by the Ohio Attorney General to Ohio consumers out of the Title Defect Rescission Fund.  The lawsuits allege that the used car dealers sold used vehicles to Ohio consumers but failed to timely transfer title to those vehicles as required by Ohio law.

 

The first lawsuit, filed on June 3, 2013, alleges that Buyers Choice Cars, in Columbus, entered into multiple motor vehicle transactions with consumers and failed to timely transfer title to the vehicles to the consumers within 40 days.   According to the Ohio Attorney General, $19,415.52 has been paid to consumers from the Title Defect Rescission Fund to resolve consumer complaints made by consumers against Buyers Choice Cars. Click here to read the Buyers Choice Cars lawsuit.

The second lawsuit, filed on June 7, 2013, alleges that Boasko's Rt. 4 Automall LLC, in Sandusky, also entered into multiple motor vehicle transactions with consumers and failed to timely transfer title to the vehicles to consumers wihtin 40 days.  According to the Ohio Attorney General, $37,465 has been paid to consumers from the Title Defect Rescission Fund to resolve consumer complaints made by 17 consumers against Boasko's Rt. 4 Automall LLC.  Click here to read the Boasko's Rt. 4 Automall LLC lawsuit.

Under Ohio law, a car dealer has 40 days to transfer title into a consumer's name.  And, Ohio consumers have an unconditional right to rescind the transaction
(i.e. make the dealer take the vehicle back and get their money back) where the used car dealer fails to timely transfer title. 

Licensed used car dealers in Ohio participate in a program called the Title Defect Rescission Fund, which allows dealers to sell used vehicles to consumers before obtaining title to those vehicles.  The Title Defect Rescission Fund is maintained by the Ohio Attorney General, who administers refunds to consumers who suffer damages from motor vehicle dealers who fail to timely transfer title within 40 days of sale.  And, if the Ohio Attorney General pays a consumer from the Title Defect Rescission Fund on behalf of a used car dealer, then the used car dealer must obtain a surety bond of at least $25,000.

For more on your rights as a consumer for timely transfer of title under Ohio law, or a used car dealer's duties, click here.

If you purchased a used vehicle and the used car dealer has failed to timely transfer title into your name within 40 days, you can file a consumer complaint with the Ohio Attorney General's Office. 

Or, click here and let me know about it - I'll get right to work to help you!

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running