PURPOSE: This rule sets forth the requirements to retitle when an assignment of title is erroneously completed.

1. (1) Whenever an assignment of title is erroneously completed or the sale of the vehicle is not consummated within sixty (60) days after the assignment of title, the seller of the vehicle must comply with one (1) of the requirements outlined as follows:

   1. (A) If the seller of the vehicle is not a Missouri registered motor vehicle dealer, the seller of the vehicle must obtain a duplicate certificate of title from this department before the ownership of the vehicle may be transferred to another individual. The seller will be required to submit the following documents in order to obtain the duplicate title:

      1. 1. Application for Duplicate Title,

DOR-108;

1. 2. The mutilated certificate of title;
2. 3. A statement signed by the seller and

the individual (purchaser) to whom the vehicle was assigned stating the date and reason the sale was not completed;

1. 4. A statement from any lienholder

which may have been recorded in the assignment of title; and

1. 5. Required duplicate title fee;

2. (B) If the seller of the vehicle is a Missouri registered motor vehicle dealer, the dealership will not be required to obtain a duplicate certificate of title in the previous owner’s name but will be required to obtain an original title in the name of the dealership before the ownership of the vehicle may be transferred to another individual or dealership. The dealership will be required to submit the following documents in order to obtain the original title:

   1. 1. Application for Title, DOR-108;
   2. 2. The mutilated certificate of title;
   3. 3. A statement signed by a representa-

tive of the dealership and the individual (purchaser) to whom the vehicle was assigned stating the date and reason the sale was not completed;

1. 4. A statement from any lienholder

which may have been recorded in the assignment of title; and

1. 5. Required title fee; and

1. (C) If the assignment of title by the dealership occurred on an original certificate of title issued in the name of that dealership, the dealership would be required to make an application for duplicate title as required in subsection (1)(A).
2. (2) If the sale of the vehicle is rescinded within sixty (60) days from the date of vehicle purchase, the purchaser/seller may apply for a refund of any taxes paid on the acquisition of the vehicle within one (1) year after the payment of taxes.
3. (3) This rule applies to Certificates of Title issued by Missouri as well as other states. It does not affect assignments of ownership on Manufacturers’ Statements of Origin.

AUTHORITY: sections 301.190, and 301.210, RSMo Supp. 1998.* Original rule filed March 21, 1986, effective July 26, 1986. Amended: Filed June 30, 1999, effective Dec. 30, 1999. *Original authority: 301.190, RSMo 1939, amended 1947, 1965, 1981, 1983, 1984, 1985, 1986, 1986, 1987, 1988, 1989, 1990, 1992, 1997 and 301.210, RSMo 1939, amended 1947, 1984, 1991, 1997.