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State seeks reimbursement from dealership

Norwalk Reflector Staff • Jul 3, 2014 at 4:07 PM

Ohio Attorney General Mike DeWine has announced a lawsuit against Calland Auto Group LLC and Christopher Calland. The lawsuit accuses the dealership and its owner of failing to provide consumers with motor vehicle titles as required by Ohio law and seeks reimbursement to the state’s Title Defect Recision Fund.

“Getting the title to a vehicle is an important part of the car-buying process,” DeWine said. “When car buyers have problems getting the title, we help them. We also take action against dealerships that fail to follow the law.”

According to the Attorney General’s lawsuit, Calland Auto Group last operated at 2899 Walcutt Road in Hilliard. Before it closed in 2013, it sold vehicles but failed to obtain certificates of title for certain purchasers within the timeframe required by Ohio law. The Attorney General’s Office provided $4,171 in reimbursement from the Title Defect Recision (TDR) Fund to resolve consumer complaints filed against the dealership.

In the lawsuit, the Attorney General accuses Calland Auto Group and Christopher Calland of violating Ohio’s Consumer Sales Practices Act and Certificate of Motor Vehicle Title Act. The Attorney General also seeks declaratory relief, injunctive relief, restitution to the TDR Fund, and civil penalties.

The TDR Fund was created to administer refunds to retail purchasers of motor vehicles who suffer damages from dealers who fail to provide a valid certificate of title in the purchaser’s name within the statutorily required period of time.  

Under Ohio law, the retail purchaser has an unconditional right to rescind, or cancel, the transaction, and the dealer has an obligation to refund to the retail purchaser all monies paid, if one of the following applies:

    The dealer fails to apply for a certificate of title in the consumer’s name within 30 days from the date of the purchase;

    The certificate of title for the vehicle indicates that it is a rebuilt salvage vehicle, and that fact was not disclosed to the consumer in writing before signing the purchase agreement; or

    The certificate of title for the vehicle indicates that the dealer has made an inaccurate odometer disclosure to the consumer.

In 2013, motor vehicle complaints were the most frequently reported consumer complaints to the Ohio Attorney General’s Office, with title issues topping the list of reported problems.

Consumers who fail to receive a motor vehicle title within 30 days of the purchase date or who have other problems with their car title should contact the Ohio Attorney General’s Office at 800-282-0515 or www.OhioAttorneyGeneral.gov.

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