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Failure to Deliver Title or Tag

by | Jul 20, 2016 | Consumer Lawyer, Firm News, Georgia Fraud Lawyer

We are seeing more and more dealers fail yo deliver the tag and title paperwork they have agreed to deliver as part of the sale. Often the dealer has charged a fee for this service.  The reasons dealers fail to deliver are several) they do not have the title because of some paperwork snafu at auction; 2) they cannot deliver the title because they are out of trust with their floor planner that holds the title to secure money they have loaned to the dealer; 3) the dealer may not have paid off the trade in loan for the car if they accepted it in trade; 4) they may have failed to obtain an emissions test and know they cannot get the tag and title.  Consumers faced with this issue are in a bind because they cannot lawfully operate the car and the dealer refuses to refund their money. See this story.

Georgia law requires a dealer to deliver tag and title paperwork within 30 days.

681¬9¬.02 Responsibilities of a Used Motor Vehicle Dealer.
(1) Every used motor vehicle dealer licensed in this state shall be required to comply with the laws of this state and the federal government regarding the operations of a used motor vehicle dealership. This includes, but is not limited to, laws that require each licensee to:
(g) Apply for a title in the retail purchaser’s name within 30 calendar days after the date of sale, as required in O.C.G.A. § 40¬3¬33;
(h) Complete the assignment and warranty of title upon transfer of the vehicle to another person, other than by the creation of a security interest as required by O.C.G.A. § 40¬3¬33;
(j) Provide the appropriate documentation to a retail purchaser of a vehicle to obtain a tag for the vehicle within 30 calendar days after the date of purchase, as required by O.C.G.A. § 40¬2¬20. These documents may include, but are not limited to, a certificate of title, or an application for certificate of title;

If I bought a car for which the dealer failed to deliver the title, I would go to the dealer and demand a refund of my money. I would file a complaint with the governor’s office of consumer protection. I would make a complaint with the Ga Secretary of State used car board. If they don’t give back money, I would sue them.

1) You should 1)CALL THE POLICE, there are two possible crimes here-failure to deliver title (a misdemeanor crime) and theft by conversion.
2) call the State of Georgia Used Car Board, division of the Ga. Secretary of State and make a complaint on the dealer and ask for their bond information
Gwendolyn Patmon Farley, Applications / Compliance Analyst
Office of Georgia Secretary of State – Brian Kemp
Businesses & Occupations Division
Professional Licensing Boards
237 Coliseum Drive
Macon Georgia 31217
(478) 207-2440

Then call the bond company and make a claim on the bond for the amount you have paid on the vehicle.
3) call the Governor’s Office of Consumer Protection.
Governor’s Office of Consumer Protection
2 Martin Luther King Drive
Atlanta, Georgia 30334

404-656-3790 (main office)