Purchase or trade of motor vehicles with certificates of title,requirements--resale of such vehicles, requirements--dealerliability, when--seller misrepresentation, liability.
407.581. 1. Notwithstanding the provisions of sections 301.200 and301.210, any person licensed as a motor vehicle dealer under sections301.550 to 301.573 shall be authorized to purchase or accept in trade anymotor vehicle for which there has been issued a certificate of title, andto receive such vehicle subject to any existing liens thereon created andperfected under sections 301.600 to 301.660 provided the licensed dealerreceives the following:
(1) A signed written contract between the licensed dealer and theowner of the vehicle; and
(2) Physical delivery of the vehicle to the licensed dealer; and
(3) A power of attorney from the owner to the licensed dealer, inaccordance with subsection 4 of section 301.300, authorizing the licenseddealer to obtain a duplicate or replacement title in the owner's name andsign any title assignments on the owner's behalf.
2. If the dealer complies with the requirements of subsection 1 ofthis section, the sale or trade of the vehicle to the dealer shall beconsidered final.
3. If a licensed dealer complies with the requirements of subsection1 of this section, the licensed dealer may sell such vehicle prior toreceiving and assigning to the purchaser the certificate of title, providedsuch dealer complies with the following:
(1) All outstanding liens created on the vehicle pursuant to sections301.600 to 301.660 have been paid in full, and the dealer provides a copyof proof or other evidence to the purchaser; and
(2) The dealer has obtained proof or other evidence from thedepartment of revenue confirming that no outstanding child support liensexist upon the vehicle at the time of sale and provides a copy of saidproof or other evidence to the purchaser; and
(3) The dealer has obtained proof or other evidence from thedepartment of revenue confirming that all applicable state sales tax hasbeen satisfied on the sale of the vehicle to the previous owner andprovides a copy of said proof or other evidence to the purchaser; and
(4) The dealer has signed and submitted an application for duplicateor replacement title for the vehicle pursuant to subsection 4 of section301.300 and provides a copy of the application to the purchaser, along witha copy of the power of attorney required under subsection 1 of thissection.
4. Following a sale or other transaction in which a certificate oftitle has not been assigned from the owner to the dealer, a licensed dealershall, within five business days, apply for a duplicate or replacementtitle. Upon receipt of a duplicate or replacement title applied forpursuant to subsection 4 of section 301.300, the dealer shall assign anddeliver said certificate of title to the purchaser of the vehicle withinfive business days. The dealer shall maintain proof of the assignment anddelivery of the certificate of title to the purchaser. For purposes ofthis subsection, a dealer shall be deemed to have delivered the certificateof title to the purchaser upon either:
(1) Physical delivery of the certificate of title to any of thepurchasers identified in the contract with the dealer; or
(2) Mailing of the certificate, postage prepaid, return receiptrequested, to any of the purchasers at any of their addresses identified inthe contract with the dealer.
5. If a dealer fails to comply with subsection 3 of this section, andthe purchaser of the vehicle is thereby damaged, then the dealer shall beliable to the purchaser of the vehicle for actual damages, plus court costsand reasonable attorney fees.
6. If a dealer fails to comply with subsection 4 of this section, andthe purchaser of the vehicle is thereby damaged, then the dealer shall beliable to the purchaser of the vehicle for actual damages, plus court costsand reasonable attorney fees. If the dealer cannot be found by thepurchaser after making reasonable attempts, and thereby fails to assign anddeliver the duplicate or replacement certificate of title to the purchaser,as required by subsection 4 of this section, then the purchaser may deliverto the director a copy of the contract for sale of the vehicle, a copy ofthe application for duplicate title provided by the dealer to thepurchaser, a copy of the secure power of attorney allowing the dealer toassign the duplicate title, and the proof or other evidence obtained by thepurchaser from the dealer under subsection 3 of this section. Thereafter,the director shall mail by certified mail, return receipt requested, anotice to the dealer at the last address given to the department by thatdealer. That notice shall inform the dealer that the director intends tocancel any prior certificate of title issued to the dealer on the vehicleand issue to the purchaser a certificate of title in the name of thepurchaser, subject to any liens incurred by the purchaser in connectionwith the purchase of the vehicle, unless the dealer, within ten businessdays from the date of the director's notice, files with the director awritten objection to the director taking such action. If the dealer doesfile a timely, written objection with the director, then the director shallnot take any further action without an order from a court of competentjurisdiction. However, if the dealer does not file a timely, writtenobjection with the director, then the director shall cancel the priorcertificate of title issued to the dealer on the vehicle and issue acertificate of title to the purchaser of the vehicle, subject to any liensincurred by the purchaser in connection with the purchase of the vehicleand subject to the purchaser satisfying all applicable taxes and feesassociated with registering the vehicle.
7. If a seller fraudulently misrepresents to a dealer that the selleris the owner of a vehicle and the dealer or any subsequent purchaser isthereby damaged, then the seller shall be liable to the dealer and anysubsequent purchaser for actual damages, plus court costs and reasonableattorney fees.
8. When a lienholder is damaged as a result of acts or omissions bythe dealer to the lienholder or any party covered by subsections 5, 6, and7 of this section, or by any combination of claims under this subsection,then the dealer shall be liable to the lienholder for actual damages, pluscourt costs and reasonable attorney fees.
9. No court costs or attorney fees shall be awarded under thissection unless, prior to filing any such action, the following conditionshave been met:
(1) The aggrieved party seeking damages has delivered an itemizedwritten demand of the party's actual damages to the party from whom damagesare sought; and
(2) The party from whom damages are sought has not satisfied thewritten demand within thirty days after receipt of the written demand.
Purchase or trade of motor vehicles with certificates of title,requirements--resale of such vehicles, requirements--dealerliability, when--seller misrepresentation, liability.
407.581. 1. Notwithstanding the provisions of sections 301.200 and301.210, any person licensed as a motor vehicle dealer under sections301.550 to 301.573 shall be authorized to purchase or accept in trade anymotor vehicle for which there has been issued a certificate of title, andto receive such vehicle subject to any existing liens thereon created andperfected under sections 301.600 to 301.660 provided the licensed dealerreceives the following:
(1) A signed written contract between the licensed dealer and theowner of the vehicle; and
(2) Physical delivery of the vehicle to the licensed dealer; and
(3) A power of attorney from the owner to the licensed dealer, inaccordance with subsection 4 of section 301.300, authorizing the licenseddealer to obtain a duplicate or replacement title in the owner's name andsign any title assignments on the owner's behalf.
2. If the dealer complies with the requirements of subsection 1 ofthis section, the sale or trade of the vehicle to the dealer shall beconsidered final.
3. If a licensed dealer complies with the requirements of subsection1 of this section, the licensed dealer may sell such vehicle prior toreceiving and assigning to the purchaser the certificate of title, providedsuch dealer complies with the following:
(1) All outstanding liens created on the vehicle pursuant to sections301.600 to 301.660 have been paid in full, and the dealer provides a copyof proof or other evidence to the purchaser; and
(2) The dealer has obtained proof or other evidence from thedepartment of revenue confirming that no outstanding child support liensexist upon the vehicle at the time of sale and provides a copy of saidproof or other evidence to the purchaser; and
(3) The dealer has obtained proof or other evidence from thedepartment of revenue confirming that all applicable state sales tax hasbeen satisfied on the sale of the vehicle to the previous owner andprovides a copy of said proof or other evidence to the purchaser; and
(4) The dealer has signed and submitted an application for duplicateor replacement title for the vehicle pursuant to subsection 4 of section301.300 and provides a copy of the application to the purchaser, along witha copy of the power of attorney required under subsection 1 of thissection.
4. Following a sale or other transaction in which a certificate oftitle has not been assigned from the owner to the dealer, a licensed dealershall, within five business days, apply for a duplicate or replacementtitle. Upon receipt of a duplicate or replacement title applied forpursuant to subsection 4 of section 301.300, the dealer shall assign anddeliver said certificate of title to the purchaser of the vehicle withinfive business days. The dealer shall maintain proof of the assignment anddelivery of the certificate of title to the purchaser. For purposes ofthis subsection, a dealer shall be deemed to have delivered the certificateof title to the purchaser upon either:
(1) Physical delivery of the certificate of title to any of thepurchasers identified in the contract with the dealer; or
(2) Mailing of the certificate, postage prepaid, return receiptrequested, to any of the purchasers at any of their addresses identified inthe contract with the dealer.
5. If a dealer fails to comply with subsection 3 of this section, andthe purchaser of the vehicle is thereby damaged, then the dealer shall beliable to the purchaser of the vehicle for actual damages, plus court costsand reasonable attorney fees.
6. If a dealer fails to comply with subsection 4 of this section, andthe purchaser of the vehicle is thereby damaged, then the dealer shall beliable to the purchaser of the vehicle for actual damages, plus court costsand reasonable attorney fees. If the dealer cannot be found by thepurchaser after making reasonable attempts, and thereby fails to assign anddeliver the duplicate or replacement certificate of title to the purchaser,as required by subsection 4 of this section, then the purchaser may deliverto the director a copy of the contract for sale of the vehicle, a copy ofthe application for duplicate title provided by the dealer to thepurchaser, a copy of the secure power of attorney allowing the dealer toassign the duplicate title, and the proof or other evidence obtained by thepurchaser from the dealer under subsection 3 of this section. Thereafter,the director shall mail by certified mail, return receipt requested, anotice to the dealer at the last address given to the department by thatdealer. That notice shall inform the dealer that the director intends tocancel any prior certificate of title issued to the dealer on the vehicleand issue to the purchaser a certificate of title in the name of thepurchaser, subject to any liens incurred by the purchaser in connectionwith the purchase of the vehicle, unless the dealer, within ten businessdays from the date of the director's notice, files with the director awritten objection to the director taking such action. If the dealer doesfile a timely, written objection with the director, then the director shallnot take any further action without an order from a court of competentjurisdiction. However, if the dealer does not file a timely, writtenobjection with the director, then the director shall cancel the priorcertificate of title issued to the dealer on the vehicle and issue acertificate of title to the purchaser of the vehicle, subject to any liensincurred by the purchaser in connection with the purchase of the vehicleand subject to the purchaser satisfying all applicable taxes and feesassociated with registering the vehicle.
7. If a seller fraudulently misrepresents to a dealer that the selleris the owner of a vehicle and the dealer or any subsequent purchaser isthereby damaged, then the seller shall be liable to the dealer and anysubsequent purchaser for actual damages, plus court costs and reasonableattorney fees.
8. When a lienholder is damaged as a result of acts or omissions bythe dealer to the lienholder or any party covered by subsections 5, 6, and7 of this section, or by any combination of claims under this subsection,then the dealer shall be liable to the lienholder for actual damages, pluscourt costs and reasonable attorney fees.
9. No court costs or attorney fees shall be awarded under thissection unless, prior to filing any such action, the following conditionshave been met:
(1) The aggrieved party seeking damages has delivered an itemizedwritten demand of the party's actual damages to the party from whom damagesare sought; and
(2) The party from whom damages are sought has not satisfied thewritten demand within thirty days after receipt of the written demand.
Purchase or trade of motor vehicles with certificates of title,requirements--resale of such vehicles, requirements--dealerliability, when--seller misrepresentation, liability.
407.581. 1. Notwithstanding the provisions of sections 301.200 and301.210, any person licensed as a motor vehicle dealer under sections301.550 to 301.573 shall be authorized to purchase or accept in trade anymotor vehicle for which there has been issued a certificate of title, andto receive such vehicle subject to any existing liens thereon created andperfected under sections 301.600 to 301.660 provided the licensed dealerreceives the following:
(1) A signed written contract between the licensed dealer and theowner of the vehicle; and
(2) Physical delivery of the vehicle to the licensed dealer; and
(3) A power of attorney from the owner to the licensed dealer, inaccordance with subsection 4 of section 301.300, authorizing the licenseddealer to obtain a duplicate or replacement title in the owner's name andsign any title assignments on the owner's behalf.
2. If the dealer complies with the requirements of subsection 1 ofthis section, the sale or trade of the vehicle to the dealer shall beconsidered final.
3. If a licensed dealer complies with the requirements of subsection1 of this section, the licensed dealer may sell such vehicle prior toreceiving and assigning to the purchaser the certificate of title, providedsuch dealer complies with the following:
(1) All outstanding liens created on the vehicle pursuant to sections301.600 to 301.660 have been paid in full, and the dealer provides a copyof proof or other evidence to the purchaser; and
(2) The dealer has obtained proof or other evidence from thedepartment of revenue confirming that no outstanding child support liensexist upon the vehicle at the time of sale and provides a copy of saidproof or other evidence to the purchaser; and
(3) The dealer has obtained proof or other evidence from thedepartment of revenue confirming that all applicable state sales tax hasbeen satisfied on the sale of the vehicle to the previous owner andprovides a copy of said proof or other evidence to the purchaser; and
(4) The dealer has signed and submitted an application for duplicateor replacement title for the vehicle pursuant to subsection 4 of section301.300 and provides a copy of the application to the purchaser, along witha copy of the power of attorney required under subsection 1 of thissection.
4. Following a sale or other transaction in which a certificate oftitle has not been assigned from the owner to the dealer, a licensed dealershall, within five business days, apply for a duplicate or replacementtitle. Upon receipt of a duplicate or replacement title applied forpursuant to subsection 4 of section 301.300, the dealer shall assign anddeliver said certificate of title to the purchaser of the vehicle withinfive business days. The dealer shall maintain proof of the assignment anddelivery of the certificate of title to the purchaser. For purposes ofthis subsection, a dealer shall be deemed to have delivered the certificateof title to the purchaser upon either:
(1) Physical delivery of the certificate of title to any of thepurchasers identified in the contract with the dealer; or
(2) Mailing of the certificate, postage prepaid, return receiptrequested, to any of the purchasers at any of their addresses identified inthe contract with the dealer.
5. If a dealer fails to comply with subsection 3 of this section, andthe purchaser of the vehicle is thereby damaged, then the dealer shall beliable to the purchaser of the vehicle for actual damages, plus court costsand reasonable attorney fees.
6. If a dealer fails to comply with subsection 4 of this section, andthe purchaser of the vehicle is thereby damaged, then the dealer shall beliable to the purchaser of the vehicle for actual damages, plus court costsand reasonable attorney fees. If the dealer cannot be found by thepurchaser after making reasonable attempts, and thereby fails to assign anddeliver the duplicate or replacement certificate of title to the purchaser,as required by subsection 4 of this section, then the purchaser may deliverto the director a copy of the contract for sale of the vehicle, a copy ofthe application for duplicate title provided by the dealer to thepurchaser, a copy of the secure power of attorney allowing the dealer toassign the duplicate title, and the proof or other evidence obtained by thepurchaser from the dealer under subsection 3 of this section. Thereafter,the director shall mail by certified mail, return receipt requested, anotice to the dealer at the last address given to the department by thatdealer. That notice shall inform the dealer that the director intends tocancel any prior certificate of title issued to the dealer on the vehicleand issue to the purchaser a certificate of title in the name of thepurchaser, subject to any liens incurred by the purchaser in connectionwith the purchase of the vehicle, unless the dealer, within ten businessdays from the date of the director's notice, files with the director awritten objection to the director taking such action. If the dealer doesfile a timely, written objection with the director, then the director shallnot take any further action without an order from a court of competentjurisdiction. However, if the dealer does not file a timely, writtenobjection with the director, then the director shall cancel the priorcertificate of title issued to the dealer on the vehicle and issue acertificate of title to the purchaser of the vehicle, subject to any liensincurred by the purchaser in connection with the purchase of the vehicleand subject to the purchaser satisfying all applicable taxes and feesassociated with registering the vehicle.
7. If a seller fraudulently misrepresents to a dealer that the selleris the owner of a vehicle and the dealer or any subsequent purchaser isthereby damaged, then the seller shall be liable to the dealer and anysubsequent purchaser for actual damages, plus court costs and reasonableattorney fees.
8. When a lienholder is damaged as a result of acts or omissions bythe dealer to the lienholder or any party covered by subsections 5, 6, and7 of this section, or by any combination of claims under this subsection,then the dealer shall be liable to the lienholder for actual damages, pluscourt costs and reasonable attorney fees.
9. No court costs or attorney fees shall be awarded under thissection unless, prior to filing any such action, the following conditionshave been met:
(1) The aggrieved party seeking damages has delivered an itemizedwritten demand of the party's actual damages to the party from whom damagesare sought; and
(2) The party from whom damages are sought has not satisfied thewritten demand within thirty days after receipt of the written demand.
