ISSUE

Under Oklahoma law, do purchasers have any recourse against a used vehicle dealer who fails to transfer the certificate of title to the purchaser after delivery when the purchaser paid in full and had no written contract with the dealer?

SHORT ANSWER

Yes. Purchasers may submit complaints regarding a used vehicle purchase or sale to the Oklahoma Used Motor Vehicle and Parts Commission (the “Commission”). See Okla. Stat. tit. 4 7, § 582(E)(l )(a); OKLAHOMA USED MOTOR VEHICLE AND PARTS COMMISSION, Frequently Asked Questions, https://www.ok.gov/usedcarcommission/faqs.html (2020) [hereinafter “Commission FAQs”]. The dealer must respond to the complaint within ten (10) days. Id. After reviewing the complaint and response, the Commission may conduct an investigation and take further necessary action to resolve the dispute. Id. Therefore, purchasers should submit a complaint to the Commission in the event a used vehicle dealer fails to or refuses to provide the certificate of title.

DISCUSSION

Under the Oklahoma Vehicle License and Registration Act (the “Act”), every vehicle owner must have a certificate of title as proof of legal ownership. § § 1102(3), l 105(B); see§ 1103.1 The Act requires used vehicle dealers to “execute and deliver to the purchaser … the certificate of title property .. . ;” after the sale or disposal of a vehicle. § 1107(B). Further, the Commission, the regulating agency overused vehicles, requires dealers to use certain forms during a sale (i.e., written sales contract, bill of sale, a receipt for delivery of the certificate of title. OAC 765:10-3-l (a)(l), (4), (11); See Okla. Stat. tit. 47, § 582(E)(l)(a) (setting forth the Commission’s authority to regulate the sale of used vehicles and dealers thereof. Dealers must also maintain copies of these records for at least three (3) years. § 1106(a).

Purchasers may submit a complaint to the Commission regarding the purchase or sale of a used vehicle. Commission FAQs, supra at I.The Commission has the duty to “work with consumers and dealers to hear complaints on used vehicles …. ” § 582(E)(2)(e). Dealers must respond to the complaint and send copies of all applicable documents within ten (10) days. Id. The Commission then reviews the complaint and response and conducts an investigation if necessary. Id. The Commission has the authority to issue sanctions against dealers for non-compliance with the rules (e.g., revoke, reject, or refuse to issue a dealer license). The Commission may also take further action to resolve the dispute between the parties.

CONCLUSION
Used vehicle purchasers may submit a complaint to the Commission if the dealer fails to or refuses to provide the certificate of title. The Commission may take necessary action to resolve a dispute regarding the purchase or sale of a used vehicle.