Ohio AG sues used car dealer, says it didn’t deliver titles

Ohio Attorney General Mike DeWine has filed a lawsuit against a used car dealership that has gone out of business, saying that it failed to deliver titles to customers who bought used vehicles.

The Newark Advocate newspaper reported that the dealership closed about Feb. 1.

According to the suit filed last week, Clark Motor Co. in Heath, Ohio, and the three brothers who ran the dealership “engaged in unfair or deceptive acts or practices … by failing to file applications for certificates of title within 30 days after the assignment or delivery of motor vehicles as required.”

Brothers Phillip C. Clark Jr., David Clark and Christopher Clark ran the business.

The lawsuit, filed Wednesday in Licking County Common Pleas Court, seeks reimbursement of $94,345 to the state’s Title Defect Rescission Fund, which was used to assist customers who filed complaints.

“Dealerships have a responsibility to deliver titles to consumers, and when they don’t, we will take action to help consumers and to hold dealerships accountable,” DeWine said in a statement.

The suit also seeks a civil penalty of $25,000 for each of the “unfair or deceptive acts” alleged in the complaint, and an additional $200 for each violation of the Certificate of Motor Vehicle Title Act.

Kate Hanson, spokeswoman for DeWine, said, the office received six complaints, and it helped the consumers get their titles.

Hanson said a hearing on the lawsuit has not been scheduled.

In February, an Ohio judge ruled in favor of Century National Bank against Clark Motor Co. for $802,332 and $289,144, the Newark Advocate reported. The paper reported the dealership owed more than $1 million to a creditor before closing.