A motor vehicle dealer may resell a new motor vehicle if all of the following apply:

1. 1. A certificate of title is not transferred from the person who first acquired the new motor vehicle from the manufacturer or importer or agent of the manufacturer or importer.
2. 2. The new motor vehicle is returned to the selling motor vehicle dealer.
3. 3. The motor vehicle dealer gives written notice to the retail consumer that the vehicle was delivered to a previous purchaser.
4. 4. The retail consumer signs an acknowledgment of receipt of the written notice prescribed by paragraph 3 and the motor vehicle dealer maintains a copy of the acknowledgment in the dealer's records.