Dealer Insurance Services LLC Blog
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Avoiding the "Voidable Sale" NightmareLet’s talk about the phone call no dealer wants to get. It’s Day 32. You sold a beautiful SUV using the $100,000 bond's "Delayed Delivery" provision, but the title got hung up in a probate mess or an auction error. Under Section 301.210, RSMo, you have exactly 30 days to get that assigned title into the buyer's hands. If you miss that window? The sale becomes "voidable" at the purchaser’s option. The Reality of a Voided Sale This isn't just a slap on the wrist. If the customer chooses to walk away, you are legally required to repurchase that vehicle for the full purchase price—including their down payment, their trade-in value (even if it had negative equity), and any fees. If you don't have the cash on hand to buy it back? That’s when a claim is hit against your $100,000 bond.
How to Protect Your Lot The $100k bond is a powerful tool, but it requires a disciplined back office. We recommend a "Red Folder" system: any car sold without a title in hand goes into a red folder with a 21-day "alarm". If that title isn't in your office by Day 21, it’s time to stop what you're doing and track it down.
The bond is there to protect the public, but our job is to make sure you never have to use it.
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