Legal Question in Consumer Law in Kansas

I just purchased a car from a reputable dealership, When I received the title, I noticed that the names of the two owners was separated by the word "And" when I called the dealership and informed them that both signatures are required they said they would look into it. I now have been notified that the other party that did not sign is deceased. I am suppose to be getting a copy of the death certificate. The dealership say this is all I need. My questions is that since the deceased was nothing to the co-owner of the car, and he had an ex-wife and three daughters. It is the death certificate going to be adequate to pass title of the vehicle to me? Or is it going to have to go through probate and the heirs notified that the deceased has property that was co-owned and will they have to sign off on it? The dealership has been very rude to me and not very helpful with getting this matter resolved. I just went there today and demanded that they take possession of the car and give me a loaner until this issue is resolved. They have offered to refund the purchase price should they not get the death certificate. I just do not want this to be a problem for me if I get it and take it to be titled then, it will be my problem and not theirs. Since they were negligent in obtaining and getting proper "instruments of transfer" for the title in the first place.


Asked on 12/10/10, 10:13 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

A Kansas auto dealer cannot sell a vehicle to a consumer without a clear title. Your or your attorney should demand a full refund. If the car had a TOD (Transfer on Death) provision, the title would pass automatically to the survivor. If it did not, the decedent's interest in the car is an asset of the decedent's estate. The dealership should have resolved ownership prior to reselling the car to a consumer. Feel free to contact me if you need addtional assistance.

Sean Santoro/Licensed in KS and MO

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Answered on 12/15/10, 12:33 pm


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