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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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i am in oklahoma. I bought a used car on 8/13/2013. The dealer

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i am in oklahoma. I bought a used car on 8/13/2013. The dealer has not yet sent me the title for the car. Can i carry the car back and get my money back? What the law? I was told they had to send title in 25 days in oklahoma. When I talked to them they Just Put a new paper tag on and said drive it. I also heard that they could not put but one 30 day tag on in Oklahoma. Again what the Oklahoma l aw on carring car back and getting money back in Oklahoma?
Jim

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. In Oklahoma, a dealer is only allowed to issue one tag per vehicle.

LegalGems :

" How many paper tags may a dealer issue per vehicle? Only one paper tag may be issued per sale. Issuing more than one tag per sale constitutes misuse of the paper tag. Using the paper tag for demonstrating, transporting or any use other than upon sale of a vehicle is misuse of the paper tag. Any misuse of the paper tag is grounds for revocation of the used motor vehicle dealer’s license."

LegalGems :

How long does a dealer have to deliver a title to a purchaser?


Oklahoma law states that the title to a vehicle is to be delivered to the purchaser at the time of the delivery of the vehicle. The only exception to that is that the title may be delivered to the lending institution financing the purchase and the lending institution shall have twenty-five (25) days to perfect its lien and thereafter deliver the title to the purchaser. Failure to deliver certificates of title within thirty (30) days of the sale of the vehicle may subject the dealer to a One Hundred Dollar ($100.00) fine. The title should be properly assigned to the purchaser by writing the name and address of the purchaser on the back where indicated. The title should be notarized and a $3.50 tax stamp affixed. Failure to properly reassign the title may subject the dealer to a One Hundred Dollar ($100.00) fine.
LegalGems :

As you can see, the dealer's actions can result in him losing his license. As such, since the dealer is in violation of the regulations, the buyer can rescind the contract since the dealer is in breach of the contract for failing to comply with the law.

LegalGems :

If you are unable to resolve this with the dealer, here is where you can file a complaint: http://www.ok.gov/usedcarcommission/Consumer_Information/index.html

LegalGems :

Generally, once a consumer makes it clear that they know their rights, the dealer will make every effort to comply with the law, as they know the risk of losing their license.

JACUSTOMER-zii8qces- :

Yes But can i get my money back?

JACUSTOMER-zii8qces- :

Yes How are you?

LegalGems :

Yes, that is what rescission of the contract means - the car is returned, and the money is refunded. The dealer is not in compliance with the law, and that gives the buyer grounds to "void" the contract.

LegalGems :

Good! Thanks for asking. I'd ask how you are but I am sure you are frustrated at this point!

LegalGems :

Car dealers can be very difficult to deal with and unfortunately many of them like to stretch their limits.

JACUSTOMER-zii8qces- :

Yes

JACUSTOMER-zii8qces- :

May I copy this and show it to the dealer

LegalGems :

Yes, you can print it out. Before physically going in, you may want to send a demand letter stating that you consider the dealer in breach for failing to comply with the tag requirements, and requesting that the money be returned by X date. That is the standard protocol, and it documents your attempts to negotiate, should the dealer refuse and you have to file a complaint with the agency linked above.

JACUSTOMER-zii8qces- :

Thanks very much

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