Lein on title

[Marnie]

Jurisdiction

Oklahoma

I purchased a used car in tulsa, ok. I also live in tulsa. I went to tag office to have the title put in my name and found out the title has a lein on it from the car lot I bought it from, the title is still in the person's name that traded the car in. The title was signed by this person and where it says purchaser it says carmart but the address and purchase price isnt filled in. The title was mailed to me 15 days after i bought the car certified mail from carmart. There is a second lein on the title which is the lein for me from my purchase of the car from carmart. When I called carmart, on a saturday, the lady said no one was there that could help me with this problem and i need to cl back on monday. I called monday and the person who handles titles was out sick and no one else could help me with this, I asked her to double check and i would call her back on my lunch. This 1st call was on my break at 10 a.m. and at lunch I had a missed call from carmart at 10:25 a.m. my 10 oclock break is a ten minute break, just so you know the time spand. I told the lady i was at work a couldnt answer my phone and thats why i would call back on my lunch. The call I missed at 10:25 a.m. was to let me know i could come by and pickup the lein release letter she had typed up for me any time, it would be at the front desk, this is also the same lady that said no one there could help me wth this title issue and the title person was out sick. The car has many problems. I am wondering if the car lot has done something shady with this title and the whole deal.

 

[adjusterjack]

You're getting a lien release. Go get it. Everything else about the car is your problem since you bought it AS IS.

Oh, when you get the release, go back to the DMV ASAP and have the title reissued without the old lien on it.

 

[Marnie]

You're getting a lien release. Go get it. Everything else about the car is your problem since you bought it AS IS.

Oh, when you get the release, go back to the DMV ASAP and have the title reissued without the old lien on it.

Ok and I understand I bought the car as is. The title is in the persons name that traded the car in after she purchased it from carmart (2 months later) shouldnt the title have been changed from her name to carmart? I mean do they not have to do any name change on titles when they become the new owner or fill the title out with purchaser address and amount paid because they sure filled it out with my information. The lady at carmart did tell me it looked like the title lady had filed for a new title and didnt i get the lien letter when i picked up my title. I said wait i didnt pick it up carmart mailed it to me 15 days after i bought the car and it isnt a nw title its the title from the previous owner, the said oh wow thats strange. I would think the car lot would have some responsibilities they needed to do with the title just like the rest of us who buy a car, like registration.

 

[Highwayman]

Why would a dealership register a car they purchased from someone if their intent is to turn around and sell it? That makes no sense.

 

[Marnie]

Why would they file for a new title if they dont have to do anything with the title except give it to the next person buying the car? That makes no sense. I am not a car dealer nor do i own a car lot so i dont know the process the car dealer has. I have never bought a car from a dealership new or used. I have always bought from individuals and gotten the title right then from the person and the title was in the sellers name we signed the title and i would then get the title changed over in my name and i must say i have had no problems like i have had with this deal. The problems started lin less then 24 hours after i bought the car. Iwent back and told them the video they made me watch stated if i wasnt happy for any reason, i had 72 hours to bring the car back and they would make it right, well they didnt. I just think with everything that has happened they could at least get the title in order so when i go to take care of my responsibilities with the title i wouldnt be running back and forth trying what they failed to give, they took 15 days to get me a title and it still isnt right. It makes me question why and what is the responsibility with the car lot and titles. It looks to me as if they have none, is this the case in oklahoma?

 

[Highwayman]

Did you get the lien release?

 

[adjusterjack]

I would think the car lot would have some responsibilities they needed to do with the title just like the rest of us who buy a car, like registration.

Actually, they don't have the same responsibilities.

Look on the back of your title at the spaces marked "reassignment of title by dealer." Those spaces legally allow a dealer to reassign the title from whom he purchased the car to whom he sells it. He is not required to put title in his (or the dealership's) name.

Now, if he didn't do that properly or failed to comply with any other requirements, you can file a complaint with the Oklahoma Used Motor Vehicle and Parts Commission:

Oklahoma Used Motor Vehicle and Parts Commission

Note that he may be subject to a $100 fine but that doesn't help you and would be a petty annoyance to him.

 

[txls]

California is the only state that I know of that requires a dealer to get a title in their name. The dealer just assigns that title from the person who traded it, to them and then to the next person. However it's a bit odd to me that they mailed you that title.
Normally a dealer will collect the taxes and fees from you and they will take the paperwork to the DMV to apply for a title in your name. But I'm in Texas, maybe OK is different.