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Legalease
Legalease, Lawyer
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Experience:  15 years exp all aspects of general law
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I bought a car from a used car lot in Tulsa, Ok on 7/29. They

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I bought a car from a used car lot in Tulsa, Ok on 7/29. They said they had to put the finance company's info on as lien holder and they'd mail me the title so I could register it. It's now 8/26 and I haven't received the title and the paper tag expires on 8/29. The car lot referred me to their title company but the lady at the title company can't seem to locate the title or tell me where it may have went. I have to have the title to register the vehicle and get tags. What are my legal options here? Can I legally take the vehicle back and get my down payment back?

Hello there

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I do not know who you have been dealing with but when you finance the purchase of a car, the finance company holds the title until the lien is paid off. In order to register the car you are supposed to take the purchase paperwork to your insurance company where they will give you an insurance binder and a DMV application which you then take to the DMV to register the car. Sometimes car dealers will assist with this process and sometimes they will not. Obviously you purchased from a dealer that does not (it is not required by law but some of them will do it as a courtesy). If you contact your car insurance company and/or the DMV they can assist you with this process.

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MARY

Customer: replied 4 years ago.

No, in the state of Oklahoma, it is against the law for the finance company to hold the title. The person buying the vehicle gets the title, with the lien holder's info on the title.

BTW the first place I went after driving the car off the lot was to my insurance company for full coverage insurance, because they have to see the vehicle first. If what you said was the case, she would have given me that paperwork then, when she gave me my proof of insurance to take to the DMV when I do my tax, title & license.

Hello again --

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When buying from a dealer in Oklahoma they are actually supposed to take care of all of the title matters -- if they do not then you should contact the Motor Vehicle Dept at(NNN) NNN-NNNNfor further instructions on what to do. Apparently the MVD will pursue the matter with the dealer. Here are further instructions for OK http://www.dmv.org/ok-oklahoma/title-transfers.php

Legally speaking you cannot simply drop the car back at the dealer for this because the finance company will then be seeking payment and can sue you for it (generally the finance company has nothing to do with the dealer once you purchase the car).

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Customer: replied 4 years ago.

Yes I found that site before coming here. That's why I was trying to find out what my legal options are, since I shouldn't have to be penalized for the dealer's screwup. It wasn't actually a large dealership, but a small used car lot.

Hello again -

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If pursuing this yourself costs you some additional money that you otherwise should not have to pay due to the dealer's failure to take care of the title matters then you can take them to small claims court if they refuse to pay you that money upon reasonable demand. However, you cannot simply drop the car off at the dealer -- that is not permitted in the law and they will consider it a repo, sell it and then pursue you for any money that is not paid to the finance company after the sale.

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MARY

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