Title Fraud: Seminal Issues and Citations
Dealer Transfer to Another Dealer – Must Warranty Title and Fill in Odometer Statement
MCLA 257.235(3)
Must Provide Copies of ALL documents signed at the time
Sec. 248a. A motor vehicle dealer shall not advertise or represent a motor vehicle to be a demonstrator, executive or manufacturer's vehicle, leased vehicle, new motor vehicle, or used or secondhand vehicle unless the vehicle so described is as defined in this act.
Title Fraud Remedies
•Revocation
- UCC Sec. 2-608 (Michigan MCLA 440.2608)
- Sale in violation of Motor Vehicle Code is “void and … monies paid under the terms of such a void contract can be recovered by the purchaser.”
- Waldron v Drury’s Van Lines, Inc, 1 Mich App 601, 608, 137 NW2d 743, 746 (1965).
- Moreover, the fact that Plaintiff has had use of the vehicle does not affect his ability to void the sale.
- Roe v Flamegas Industrial Corp, 16 Mich App 210, 167 NW2d 835 (1969) (no offset for use)
- State & Federal: 3 x actual or $1,500 – whichever greater
- Attorney Fees
- MCLA 257.233a(15); 49 USC §32710(a) and (b)
Michigan Consumer Protection Act
Unfair Deceptive Practices
MCLA 445.903
Statutory Damages & Attorney Fees
MCLA 445.911
Equitable Relief Permitted (i.e., revocation, credit reporting injunction
MCLA 445.911(1)(b)
This resource appears courtesy of Attorney Dani Liblang
CORT Legal Work Supervision – Dublin, Ohio
