used car dealership vehicle title and Ohio Title Defect Rescission Fund Reassessment

[IIIIIIIIIIII]

Ohio

My original post does not show up (?) At any rate, I was hoping to gain insight regarding sending a certified mail inquiry to the dealership, with regard to the Ohio TDR Fund, as the dealership promised me the title "in about a week" via mail; but, has not returned any of my phone calls, nor have I received the title (today is the 28th day since purchase).

According to the Ohio TDR Fund info on the Atty. Gen.'s site:

"Under the law, the retail purchaser has an unconditional right to rescind the transaction and the dealer has an obligation to refund to the retail purchaser all monies paid, if one of the following applies:

-- The dealer fails to obtain a certificate of title in the consumer’s name after 40 days from the date of the purchase;

-- The certificate of title for the vehicle indicates that it is a rebuilt salvage vehicle, and that fact was not disclosed to the consumer in writing before the execution of the purchase agreement; or

-- The certificate of title for the vehicle indicates that the dealer has made an inaccurate odometer disclosure to the consumer.

When can a consumer apply for relief under TDR?

The consumer may apply to the Attorney General for payment from the TDR Fund of any monies paid for the purchase of the vehicle if:

-- The consumer notifies the dealer of one or more of the circumstances listed above; and

-- The dealer fails to refund the consumer all monies paid for the purchase of the vehicle or fails to reach a satisfactory compromise within three business days."

Should I be requesting a "refund of all monies paid for the purchase of the vehicle" in the inquiry letter?

Thanks in advance for any insight..

 

[Indiana Filer]

Under what grounds would you be rescinding the sale? It hasn't been 40 days yet.

 

[IIIIIIIIIIII]

that's a good question, Indiana Filer..

"BBB® reminds [Ohio] consumers they have a right to rescind or cancel the purchase and get a full refund if the dealer fails to apply for a Certificate of Title in the consumer’s name within 30 days from the date of purchase. This is covered under Ohio’s Title Defect Rescission Fund."

It appears the dealership has 40 days to provide the title, but only 30 days to apply for the title in the buyer's name.. As of today, the dealership (according to the carfax report) has not declared the sale, nor obtained a title for me.. I'm assuming the day of sale does not count as "day one" but plan on asking the Atty. Gen.'s office when I call on Monday.. along with asking for clarification on the "30 days to apply for the title" vs "40 days to provide the title".

I have no expectations on whether or not I will receive a title w/in 40 days, nor on whether or not the dealer will apply for the title by EOD Tuesday, but in preparation (as there is a 60-day limit to file a claim in OH) I wanted to seek insight..