Ohio Attorney General Mike DeWine today announced a lawsuit against Heath Motor Sports, LLC and owner Paul Dague. The Attorney General’s lawsuit accuses the owner and dealership of engaging in unfair and deceptive business practices by failing to provide consumers with motor vehicle titles, as required by Ohio law.
“Car buyers must get the titles to their cars within 30 days after purchase,” DeWine said. “If they don’t, then we can use funds from the Title Defect Recision Fund (TDR) to help them. This lawsuit seeks restitution from the dealer who failed to provide titles to reimburse the fund."
The Title Defect Recision (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.
Heath Motor Sports, LLC was located at 1004 N. Memorial Drive in Lancaster, Ohio. According to the Attorney General’s lawsuit, the dealership violated the Ohio Consumer Sales Practices Act by failing to provide vehicle titles within 30 days of purchase.
Prior to going out of business in 2013, the Heath Motor Sports sold numerous vehicles without having titles. The Attorney General’s Office provided reimbursements out of the TDR Fund to seven consumers in the total amount of $42,498.91. The Attorney General’s Office seeks declaratory relief, injunctive relief, restitution to the TDR fund, and civil penalties.
Under Ohio law, the retail purchaser has an unconditional right to rescind 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 obtain a certificate of title in the consumer’s name after 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.
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 [Call: 800-282-0515] or www.OhioAttorneyGeneral.gov.