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Out of State Dealer sold a used car without title

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DaddyMars

New member
What is the name of your state? Georgia, but bought a used car from Oklahoma.

Sorry for a long story.

I lived in Georgia and found a used vehicle online from a dealership in Edmond, Oklahoma. We agreed on the price and finance on 12/14/18. I received the bill of sales documents and finance document with the financial institution on the 12/19/18 through FedEx overnight and return it back to the dealership through FedEx on the next day. The sale was finalized on 12/24/18. The vehicle was delivered to me at my residence in Georgia on 01/08/19. The vehicle come with a 30 days Oklahoma temporary driving tag. The tag marked the sale date on 12/24/18. Four Weeks later, I email the dealership to get them to send me a copy of the document I signed. A couple of days later, I still haven't received my title or any letter from the bank. I reached out to the dealership through text messages, phone call, and email. The dealership Finance Director, Mr. G, replied by saying they are waiting on the state to issue the title to them. I decided to check on the car title by pulling a car title report on 01/24/2019, it showed the Texas title was issued on 01/03/19. That's 10 days after the sales date. The dealership sent me another 30 days temporary tag. Since then, there is still no word on the title. I decided to pull another title check on 02/13/19. The title check report still showing the last title issue was on 01/03/19 from Texas. There is no title issue at the State of Oklahoma. I still haven't heard anything from the dealership. I decided to reach out to Mr. G again. He replied back and told me they are trying to get the title to issue in their name before they can send me the title.

The dealership failure to deliver the certificate of title to me within 30 days result of my vehicle can't register within the 30 days limit in Georgia by law. Therefore, I will need to pay for any penalty and any associated fees for late application for the vehicle tax, title, and registration. The dealership still owes me one key fob for the vehicle. They promise to reimburse me for the cost of replacement. However, I am not able to get a new key fob because I can't provide proof of ownership on the vehicle without the title and registration.

I filed a complaint to on the STATE OF OKLAHOMA USED MOTOR VEHICLE AND PARTS COMMISSION on 02/18/19. The investigator told me the dealership has 10 days to respond.

The dealership sent me another temporary tag again on 02/28/2019. The General manager, Mr. V, call me on my cell on 03/05/19 and told me the used car I bought have a lien on the title and it took the lien holder 2.5 months to release the title. That's the delay comes from. He told me he finally has the title on hand. He told me I actually benefit from the delayed title which I haven't make a payment for 3 months and he offered me two options:

Option 1: They send me the new bill of sales documents and finance document to sign since the loan I originally applied for already expired. The finance terms and the loan amounts stay the same.

Option 2: They can take the car back, however, the money I spend on new tires, new car battery, fixed the audio, etc which is around $2000 will not be reimbursed.

I told him to sent me the paperwork and let me review it. He said he will see what he can do.

I called him back on 03/06/19 once I received the documents. He asks me to sign the bill of sales documents and finance document. I told him I will not sign the documents at this point and try to explode the take the car back option.

I asked Mr. V is there anything he can do about the money I spend on the car and he told me "No, we didn't tell you to get new tires, new car battery, fixed the audio, etc."

What is my option at this point? Did the dealership breach of contract? Is Title Jumping illegal in Oklahoma? Can I take the dealer to the court for all the trouble they cost me?

Thank You.
 
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Zigner

Senior Member, Non-Attorney
Then take off the stuff you put on and put back on the old stuff and return it.
 

adjusterjack

Senior Member
Did the dealership breach of contract?
I don't see it. He's got the title for you now.

Is Title Jumping illegal in Oklahoma?
Title jumping is illegal everywhere. But dealers are licensed to assign titles from a previous owner to a subsequent owner without titling the vehicle to themselves. So no law broken there.

Can I take the dealer to the court for all the trouble they cost me?
You CAN do it but you'll have to do it in Oklahoma where the dealer is and you don't get your travel cost back. Plus, you'll probably lose.

The easiest way out of this is to accept the car and sign the new contract and get the financing.

Anything else is going to cost you a lot of money.

The lesson learned here is buy cars locally and never trust a dealer. If you ever buy at a dealer again insist that he show you the title before doing the deal. If he doesn't have it in his possession, pick another car or walk.
 

Zigner

Senior Member, Non-Attorney
If you ever buy at a dealer again insist that he show you the title before doing the deal. If he doesn't have it in his possession, pick another car or walk.
In MY state, for MY cars that I've traded in recently, that wouldn't work. My trade-ins were a lease return and a financed vehicle. There is no paper title to see.

EDIT: I think a better lesson is that one should buy from a reputable dealer. In this case, I don't think the dealer did anything wrong. I think things just took longer than expected.
 

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