Missouri Senate

Introduced

ABILITY OF DEALER TO OBTAIN DUPLICATE OR REPLACEMENT TITLE - Under this act, a vehicle dealer may obtain a duplicate or replacement title in the owner's name if the owner's title has been lost, stolen, mutilated, or destroyed and is not available for assignment. The licensed dealer must procure a power of attorney from the owner authorizing the dealer to obtain a duplicate or replacement title in the owner’s name and sign any title assignments on the owner’s behalf. The application to the department of revenue for the duplicate or replacement title shall be accompanied by the executed power of attorney, or a copy thereof, and the application shall contain the appropriate mailing address of the dealer. Under current law (Section 301.300), only the lawful holder of the title (owner) may obtain a duplicate or replacement title.

PURCHASE OF VEHICLE WITHOUT TITLE - Under this act, a dealer may purchase, or accept as a trade in, a vehicle without a title if the seller provides the dealer the following:

(1) A signed written contract between the licensed dealer and the owner 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, authorizing the licensed dealer to obtain a duplicate or replacement title in the owner's name and sign any title assignments on the owner's behalf.

If these steps are followed, the sale or trade of the vehicle to the dealer shall be consider final.

SALE OF VEHICLE WITHOUT TITLE BY DEALER - If a licensed dealer purchases the vehicle from the seller in conformance with this act, the licensed dealer may sell the vehicle prior to receiving and assigning to the purchaser the certificate of title. The sale of the vehicle to the purchaser shall be considered final if:

(1) All outstanding liens created on the vehicle have been paid in full; and

(2) The dealer has obtained proof or other evidence from the department of revenue confirming that no outstanding child support liens exist upon the vehicle at the time of sale; and

(3) The dealer has obtained proof or other evidence from the department of revenue confirming that all applicable state sales tax has been satisfied on the sale of the vehicle to the owner; and

(4) The dealer has signed and submitted an application for duplicate or replacement title for the vehicle.

TIME FRAME FOR OBTAINING AND DELIVERING TITLE - A licensed dealer shall, within five business days of obtaining a vehicle without a title, apply for a duplicate or replacement title. Upon receipt of a duplicate or replacement title, the dealer shall assign and deliver said certificate of title to the purchaser of the vehicle within five business days.

FAILURE TO COMPLY WITH THIS ACT - If the dealer fails to comply with this act, the dealer shall be liable to the purchaser for actual damages, plus court costs and reasonable attorney fees. If a seller fraudulently misrepresents to the dealer that it is the owner of the vehicle, then the seller shall be liable to the dealer or subsequent purchaser for any damages resulting from such misrepresentation. Prior to seeking court costs or attorney fees authorized under this act, the aggrieved party must deliver an itemized written demand of its actual damages to the party from whom damages are sought and the party has not satisfied or offered to satisfy the demand within 30 days of its receipt.

STEPHEN WITTE