Okla. Admin. Code § 765:10-3-1

Current through Vol. 42, No. 6, December 2, 2024

Section 765:10-3-1 - Forms required

(a)Retail Sales Forms. The following forms shall be required in the sale of a used motor vehicle by a used motor vehicle dealer to anyone other than a licensed dealer:

(1) Sales contract or bill of sale,

(2) Odometer statement,

(3) Federal Trade Commission Buyer's Guide conforming to FTC and state standards,

(4) Written notice of thirty (30) day title-transfer requirement and receipt for delivery of certificate of title to buyer,

(5) Used motor vehicle dealer's temporary tag,

(6) Condition of sale:

(A) warranty, or

(B) vehicle service contract, or

(C) warranty disclaimer,

(7) Finance or security agreement, if applicable, and

(8) Consignment agreement, if applicable,

(9) Spot delivery form, if applicable,

(10) 'We Owe' form, if applicable,

(11) Any other form which affects the rights of either party.

(b)Dealer to dealer forms. The following forms shall be required in dealer to dealer transactions:

(1) Bill of sale, and

(2) Odometer statement, if required.

(c)Approval. All forms must be approved by the Commission. The content and forms to be used shall be filed thirty (30) days prior to use, and if not rejected in thirty (30) days from the filing date, the forms will be conditionally approved.

(d)Standards. The forms required shall contain substantially the following information:

(1)Sales contract or bill of sale.

(A) The sales contract or bill of sale shall state the names of the parties, the make, model, tag number and vehicle identification number (VIN) of the vehicle subject to the transaction, a statement of the selling amount, a description of the vehicle traded in, if any, and the consideration given therefore, and the statement referring to the FTC Buyer's Guide as required by federal law or rule, and proper signatures of the parties.

(B) Said form shall also contain or have attached a statement of any terms that create any contingencies in the completion of the contract, including contingencies relating to financing, whether by the dealer or a third party, and any limitations to which the contingencies may be subject.

(C) Said form shall also state, in clearly understandable terms, the type of title the purchaser shall receive, whether it be an "original" green title; an insurance loss dated title; a title with a theft or flood damage notation; or a rebuilt, salvage or junk title, or any other disclosures or discrepancies noted on the face of the title, including special notations regarding mileage or odometer readings, but shall not include a "repossessed" or "repo" title, together with some form of written acknowledgment by the purchaser that the purchaser is aware of the type of title to be received. Failure to make said disclosure shall create a presumption that the type of title to be received shall be an "original" green title without discrepancies of any sort.

(D) Said form shall not contain statements such as "trade in value does not reflect actual cash value of trade in" or any language that suggests the amounts stated are not the true value agreed upon by the parties.

(2)Odometer statement. The odometer statement must conform to the requirements of federal and state law.

(3)Federal Trade Commission Buyer's Guide.

(A) From and after May 9, 1985, in all sales to consumers, as defined in Title 16 Code of Federal Regulations Section 455.1(4), it shall be required that dealers display and complete the "Buyer's Guide" form required by the Federal Trade Commission. Display and completion of the "Buyer's Guide" as required by Federal Trade Commission Used Motor Vehicle Trade Regulation Rule shall be deemed compliance with this rule.

(B) The "Buyer's Guide" required herein shall not be used in lieu of warranty disclaimer forms to disclaim warranties, actual or implied. In order to disclaim any warranties, a separate warranty disclaimer form must be used.

(C) From and after May 9, 1985, conditions of sale forms must include the following language, conspicuously written on that form: "The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale." Condition of sale contracts which do not contain this language shall not be approved by this Commission. Nothing in this rule shall be construed to make any additional informational or substantive requirements as to warranties, implied warranties or service contracts beyond that presently required by the Used Motor Vehicle Trade Regulation Rules or state law.

(4)Title, tax stamp and tax transfer notice requirement. It is the duty of every person licensed to sell new or used motor vehicles to advise each purchaser in writing about his title requirements and payment of any taxes due. It is the duty of the selling dealer to affix the applicable used motor vehicle dealer's tax stamp in the appropriate place on the assignment or re-assignment area of the certificate of title. Dealers failing to comply with provisions of this section is responsible for all taxes due on such sales or on such vehicles.

(5)Deposit. If a prospective purchaser makes a deposit of anything of value to obtain the option to complete a purchase (of a used motor vehicle) in the future, the dealer shall acknowledge the deposit in writing, the time period for which the option to purchase is valid, whether the deposit is refundable in whole or in part, and the conditions, if any under which the deposit may be refunded. The deposit shall be deemed refundable unless it is clearly stated in writing that the deposit or a portion thereof is non-refundable.

(e)Used motor vehicle dealer's temporary tags. Misuse of the used motor vehicle dealer's temporary tag may be grounds for the assessment of a fine or, suspension or revocation of the used motor vehicle dealer's license.

Okla. Admin. Code § 765:10-3-1

Amended at 15 Ok Reg 2429, eff 6-11-98; Amended at 17 Ok Reg 2719, eff 6-25-00; Amended at 20 Ok Reg 1818, eff 6-12-03; Amended at 23 Ok Reg 2884, eff 6-25-06

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 8/25/2023