- Vehicle Sales
- Vehicle Tags
- Sales Paperwork
- Complaint Process
- General
1. How long does a dealer have to complete the sale in a spot delivery?
If a dealer makes a sale, contingent upon the purchaser obtaining financing for the purchase, the dealer must complete the sale within fifteen (15) days of the delivery of the vehicle. If the deal is not completed within that time frame the purchaser may elect to rescind the purchase, and the dealer may be subject to a One Hundred Dollar ($100.00) fine.
2. Are deposits refundable?
If a dealer takes a deposit on a vehicle, the dealer shall give the consumer a written receipt. The receipt should specify the length of time the deposit will hold the vehicle and whether the deposit is refundable. If no written receipt is made or if it is not noted on the receipt that the deposit is not refundable, it shall be deemed to be refundable.
3. May a dealer collect fees for “tag, title and tax”?
Oklahoma law prohibits a dealer from procuring or acting as the agent for the registration and licensing of a used motor vehicle. A dealer may include in the purchase price the cost of tag, title and tax. The term “tag, title and tax included” could be used to make this assertion. The phrase “We pay tag, title and tax” would not be proper.
4. May a dealer sell a vehicle to a minor?
The age at which a person can legally contract is 18. A minor making a contract has by law until his/her 19th birthday to void the contract. If a dealer wishes to sell a vehicle to a minor, the best course of action is to contract with the minor’s parent or legal guardian.
1. How many paper tags may a dealer issue per vehicle?
A temporary license plate (paper tag) may only be used when a vehicle is sold. Only one paper tag may be issued per sale. Issuing more than one tag per sale constitutes misuse of the paper tag. Using the paper tag for demonstrating, transporting or any use other than upon sale of a vehicle is misuse of the paper tag. Any misuse of the paper tag is grounds for revocation of the used motor vehicle dealer’s license.
2. What is the proper use of a dealer’s metal tag?
A dealer may use a dealer license plate (the metal tag) for demonstrating, transporting, or normal business use. Normal business use includes use of a vehicle by the dealer for any use related to the business. It does not include allowing a spouse who is not involved in the business use it on the vehicle he/she drives, nor does it include allowing his/her child to drive on a dealer plate to school or for his/her own personal use. Improper use of the dealer plate is grounds for revocation of the dealer’s license.
1. What paperwork must be completed when a vehicle is sold?
A dealer must reduce every sales agreement to writing. The forms to be used shall include a Sales Contract (Bill Of Sale); a We Owe form for additional items; an Odometer Statement for any vehicle within the last ten model years; a Buyer’s Guide; a Condition of Sale, i.e., a warranty, service contract or warranty disclaimer; a written notice of thirty (30) day title transfer requirement and receipt for delivery of certificate of title to the buyer, and a financing or security agreement, if applicable. If a vehicle sale is contingent upon financing approval, a spot delivery form should also be used. All forms must be approved by the Commission. Most forms sold by the Dealer Associations have already been approved.
2. What about internet sales?
Vehicles sold on the internet by an Oklahoma dealer require the execution of the same paperwork as any other vehicle sale. It may take more time, but it must be done. The sale is deemed by this Commission to have taken place in Oklahoma and is subject to all of the legal requirements of a local sale.
3. How long does a dealer have to deliver a title to a purchaser?
Oklahoma law states that the title to a vehicle is to be delivered to the purchaser at the time of the delivery of the vehicle. The only exception to that is that the title may be delivered to the lending institution financing the purchase and the lending institution shall have twenty-five (25) days to perfect its lien and thereafter deliver the title to the purchaser. Failure to deliver certificates of title within thirty (30) days of the sale of the vehicle may subject the dealer to a One Hundred Dollar ($100.00) fine. The title should be properly assigned to the purchaser by writing the name and address of the purchaser on the back where indicated. The title should be notarized and a $3.50 tax stamp affixed. Failure to properly reassign the title may subject the dealer to a One Hundred Dollar ($100.00) fine.
4. What about vehicles with Indian nation titles and tags?
Before you purchase a vehicle with a title from one of the Indian Nations, you should first verify that the title holder is a member of the tribe from which the title was issued and get a copy of the Certified Degree of Indian Blood (CDIB) card for at least one of the persons on the front of the title. If the title holder is not a member of the tribe, when the vehicle is titled in the State of Oklahoma you may be required to pay all of the title, excise, tag and registration fees that should have been paid since the vehicle was last titled in the State of Oklahoma. Additionally, you should verify with the Oklahoma Tax Commission that there are no outstanding liens on the vehicle besides what appear on the Indian title.
1. What does a dealer do about a complaint?
A consumer or another dealer may file a complaint with the Commission concerning a vehicle purchase or sale. The dealer is required to respond to the complaint and send copies of all documents within seven (7) days. Commission personnel then review the complaint and the response, do whatever further investigation is necessary, and obtain a resolution, either by phone or informal mediation with the parties.
