This agreement of the Terms and Conditions is made between Car Titles, LLC and its subsidiaries and affiliates (hereto referred to as “Company”) and the individual or entity placing the order for services identified above (hereto referred to as “Customer”). By placing an order, submitting payment, or otherwise using Company’s services, Customer acknowledges that they have read, understood, and agree to be legally bound by these Terms and Conditions.
1. Agreement / Authorization
1.2 Authorization. I certify that I am in legal possession of the vehicle and the merchant is relying on that representation.
2. No Legal Advice / Nature of Services
2.2 Nature of Services. The company is offering the document location and preparation as a scrivener service only. We are locating standard and publicly available documents related to the selection made by the customer, and at the direction of the customer. The company is not choosing, selecting, or advising the customer on the usability of the documents, or the outcome. We are preparing documents only per your request. It is entirely the responsibility of the Customer to determine if the title process you have selected is processed by your jurisdiction, and if your vehicle is eligible. If the Customer discovers that the method selected does not apply to their circumstances, the Company may decide at its discretion to prepare documents for an alternate process, if appropriate and requested by the Customer. No refund will be issued for incorrectly selected methods, and Customer waives any claims for losses due to use of any documents prepared. Much of the process is performed by Company but some action on behalf of the Customer may be necessary. Examples are but not limited to signing forms, VIN verification, inspections, bonding, DMV letters and delivering completed documents to the DMV by mail or in person. All fees to government agencies and institution for taxes, applications, bonding, registration, license plates, insurance, are the responsibility of the customer.
2.3 No Contingency. The fee paid to CarTitles.com for preparing documents is not contingent upon any specific outcome. The Customer has been made aware and understands that they may prepare these documents on their own at no charge, so that in the event the title process fails for any reason, they only have spent their own time, and not paid a fee to cartitles.com for document preparation. By making payment and agreeing to these conditions, the Customer has chosen to pay for document preparation regardless of outcome.
2.3.1 Fees, Payments, and Credit Cards. The fee is a pre-fixed amount and determined by the service selected by the Customer. Company will invoice Customer for any additional fees incurred and Customer shall settle all invoices upon receipt. All fees are non-refundable. In the event Company has Customer’s credit card information on file, Customer hereby authorizes Company to charge any fees due to such credit cards on the date that payment is due. A late-payment fee of 5% shall be applied to any past-due amounts. Any amount past due will accrue interest at a rate of 1% per month (or the maximum rate permitted by applicable laws). In the event any amount is past due Company reserves the right to refuse to perform the Services, terminate this Terms and Conditions, or withhold any documents prepared. In all cases, Customer shall remain liable for payment of the fee and all other fees due under this Terms and Conditions. In the event any past due amount is referred to collections, Customer agrees to pay any costs and fees incurred by Company, including attorneys’ fees.
3. Customer Representations and Responsibilities
3.2 Stolen Vehicle. Customer represents and warrants that the vehicle associated with this order is not stolen and that Customer has obtained possession of the vehicle through lawful means. Customer further represents that they have the legal right to request title processing services for the vehicle. Company does not verify ownership beyond the information provided by Customer and public records available during the normal course of business. Company shall not be responsible for determining the legality of the Customer’s possession of the vehicle. If at any time Company becomes aware of information suggesting that the vehicle may be stolen, subject to fraud, associated with criminal activity, or subject to competing ownership claims, Company reserves the right to immediately suspend or terminate services without refund. Company maintains an open cooperation policy with law enforcement agencies and government authorities. Customer authorizes Company to provide any information, documentation, records, communications, or application materials associated with the order to law enforcement agencies, courts, or government agencies upon request or where Company reasonably believes such disclosure is appropriate. Customer agrees that Company shall not be liable for any consequences arising from the disclosure of such information or from the termination of services under this provision.
3.3 Notice. Part of Company’s process may include researching all parties associated with ownership interest and background of the vehicle. Company can use this to determine the most recent legal title issued and to transfer the legal title to match your current ownership of the vehicle. Part of this investigation may include contacting the DMV in the state(s) where the vehicle has been registered in the past, background check/s on the applicant/s, and contacting prior owners and any applicable lien holders. Federal Privacy Laws prevent us from releasing prior owners’ contact information to any Customer or third parties, and that the process may turn up prior to ownership of lien records to the vehicle which can be claimed by third parties. Company reserves the right to discontinue service at its sole discretion based on the findings of vehicle history, Customer background, or Customer activity, and all payments made to Company are non-refundable.
3.4 Accuracy of Information. If Customer discovers that information submitted to Company was incorrect and needs to be changed, and if Customer requests that forms be redone by Company, Company may elect to charge a fee for revising the paperwork at the customers request. Customer agrees to promptly notify Company of any changes, corrections, or updates to information previously provided that may affect the preparation or submission of documents. Failure to notify Company of such changes in a timely manner may result in document rejection, delays, or cancellation of services without refund, and Company shall not be responsible for any resulting issues. Company will rely on the accuracy of the information provided by Customer.
3.5 Sales Tax Policy. Customer is solely responsible for paying any applicable sales tax required to obtain the title or transferrable registration for the subject vehicle. The Company does not calculate the sales tax. Sales tax is calculated by the State that is being used to obtain the title, which may not be the state where the customer resides. In general, the States base the sales tax on either the Bill of Sale or an approved appraisal guide, whichever value is higher.
3.6 Customer Acknowledgements. Customer confirms the following statements, which Company relies upon in providing services requested by Customer:
A valid Bill of Sale (“BOS”) shall be described as containing a monetary or exchange value, a date of sale, an accurate vehicle description that shall include the year, make, and vehicle identification number (“VIN”). It shall include a declaration of ownership and release statement as well as the, name, contact information and signature of seller. The BOS shall also show the name, contact information and signature of the buyer.
4. Intellectual Property Rights
4.2 Retention of Rights. All documents, templates, forms, research materials, and processes used by Company in preparing title applications or related paperwork are proprietary materials of Company and are protected under applicable intellectual property laws. The preparation of documents for Customer does not transfer ownership of such materials. Company retains all right, title, and interest in its document templates, systems, research processes, and related materials. Company may use anonymized versions of documents, case examples, or general process descriptions for internal purposes, training, quality control, or promotional materials, provided that Customer’s personal identifying information is not disclosed.
5. Car Titles Assist – Court Ordered Title Service
5.2 Customer Pro Se Status. Customer acknowledges and agrees that Company is not acting as Customer’s attorney and does not enter an appearance in any court proceeding. Customer will proceed pro se (self-represented) in any court action related to the Court Ordered Title process. Customer is solely responsible for filing pleadings, attending hearings, communicating with court personnel, complying with court rules and deadlines, and presenting their case before the court. Company’s role is strictly limited to document preparation and administrative assistance. As stated in more detail below, Company does not guarantee court approval, issuance of an order, or ultimate title issuance.
5.3 Customer Responsibilities. The following constitutes a non-exhaustive list of responsibilities the Customer will be solely responsible for in addition to any responsibilities laid out in this Car Titles Assist section:
5.4 Applicability. The Car Titles Assist service is provided subject to all other Terms and Conditions set forth herein. Nothing in the Car Titles Assist section shall be construed to modify, limit, waive, or supersede any other provision of these Terms and Conditions unless expressly stated in writing by Company. All disclaimers, limitations of liability, indemnification provisions, refund policies, dispute resolution terms, and other protections afforded to Company under this Terms and Conditions apply equally and fully to the Car Titles Assist service.
6. No Title Guarantee
For Court Ordered Titles and Court Ordered Titles Assist, the following guarantee terms apply:
All other Terms and Conditions of CarTitles.com not expressly modified by this section shall remain in full force and effect. Any approved refund shall be issued only to the original form of payment. An approved refund constitutes Customer’s sole and exclusive remedy and is void if Customer initiates a chargeback, payment dispute, and/or other fee recovery/refund actions. All documents provided by Company must be filed by Customer with the government agency within fifteen (15) days of receipt. Any reimbursement of government filing fees shall not exceed sixty-five dollars ($65). Any warranty or guarantee claim must be submitted in writing within ninety (90) days of the date of filing. The reason for rejection cannot be any item which the Customer could remedy or voluntarily take care of as determined by Company’s sole discretion. Any illegal, improper, or interfering activity by the Customer will void this guarantee.
7. Refund Policy and Cancellation
7.2 Cancellation. Company processes orders and begins the research & preparatory process immediately upon receiving Customer’s payment. If Customer notifies Company that Customer wishes to cancel the title service, Company will cease work on the file. However, order transactions are NON-REFUNDABLE. Company stops working on the file so that no action or filing is made for the VIN which may conflict with other actions Customer is taking. Any work Company has not yet performed can be retained as a credit in Customer’s account to be applied to future work or other vehicles. No payments will be refunded however. If at a later time Customer wishes for Company to restart working on the title file, Customer can advise Company to do so, but that may delay the title documents.
7.2.1 Timely Submissions Requirements. Due to the urgent nature of people’s title needs, and the interest in getting documents as soon as possible, Company does not add lag time to orders after payment. Before placing the order, Customer should be certain that Customer wishes for Company to begin preparing title documents, as once orders are placed there are no refunds. To further prevent lag time, any documents and vehicle information requested by Company must be submitted within ten (10) days of request, or services will be cancelled without refund. Customer agrees to adhere to these terms as part of the contract with Company. Company may request that Customer make cancellation and restart requests in writing on a specific form. Failure to complete these forms may result in adverse action, loss of credit, or title problems.
8. Disputes
8.2 Chargebacks. If Customer disputes the payment to Company with the credit card provider (“chargeback”), Company will perform a full investigation and respond to the dispute with full evidence as needed. In preparing this merchant response, Company may contact & notify government agencies, the Department of Motor Vehicles, financial institutions & lienholders, prior vehicle owners, any associated parties, and residents local to Customer’s vicinity regarding possible improper use of the payment card, or any other persons or companies as determined by the merchant. Normally after this investigation & presentation of evidence the dispute is found in favor of Company. When this occurs there will be no further obligation for customer service to the Customer.
8.3 Arbitration. If after such a finding in favor of Company the Customer or the Customer’s financial institution continues with arbitration proceedings, Company will perform additional investigation as to the title status of the vehicle, the background of the Customer, and additional records. By initiating any dispute, arbitration, or litigation Customer authorizes the release of information to any third parties or the public domain. In addition, the bank’s arbitration committee imposes technical fees for the merchant in the event of arbitration. These fees can range from $150 to $1,000 or more. Customer agrees to be responsible for similar technical & investigative fees to be paid directly to Company, if any are deemed appropriate at the sole discretion of the merchant, to equalize the contractual terms of the arbitration. By submitting an arbitration, or even agreeing to the suggestion of arbitration made by the card issuer, Customer accepts responsibility for any technical & investigative fees charged by the merchant and agrees to pay them immediately to the merchant under the contractual obligation of these Terms and Conditions. This obligation to pay these fees is regardless of the outcome of the arbitration, whether the arbitration is found in Customer’s favor or not, or if the actual technical fees paid to the arbitration board by the merchant. The agreement made herein will be considered acceptance of these terms and Customer agrees for them to be accepted as admissible in any court proceeding for obtaining a judgment without objection by the Customer. Should legal action be necessary to obtain judgment & collect these funds, the Customer agrees also to reimburse Company for all actual costs incurred in obtaining this payment.
9. Limitation of Liability
9.2 Class Action Waiver. To the fullest extent permitted by applicable law, Customer agrees that any dispute, claim, or controversy arising out of or relating to the services provided by Company, these Terms and Conditions, or any transaction between Customer and Company shall be resolved solely on an individual basis. Customer expressly agrees that they will not bring, join, or participate in any class action, collective action, consolidated action, or representative proceeding against Company. Customer further agrees that any claim brought against Company must be brought only in the Customer’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The parties expressly waive any right to a trial or proceeding conducted on a class or representative basis. If a court determines that this Class Action Waiver is unenforceable or invalid with respect to a particular claim or remedy, then such claim or remedy must be severed and resolved individually, and the remainder of these Terms and Conditions shall continue in full force and effect.
10. Indemnification
11. Delays / Force Majeure
11.2 Shipping. Customer can expect documents to be prepared and sent out by US Mail within 2 business days of order. Delays of mail or delivery are not the responsibility of the Company. Orders for documents sent to third parties such as prior owner and lienholder are considered complete when documents are sent to the third parties. The actions or inaction of such third parties are not the further responsibility of the Company.
12. Miscellaneous Legal Terms
12.2 Severability. If any term, provision, section, sentence, clause, word, covenant, or condition of this Terms and Conditions shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the offending portion of this Terms and Conditions shall be severed, and the remaining provisions of this Terms and Conditions shall remain in full force and effect and shall not be affected, impaired or invalidated.
12.3 Entire Agreement. Agreeing with the Terms and Conditions constitutes the entire understanding between Company and Customer with respect to the subject matter hereof and cannot be altered or modified except by an agreement in writing signed by the parties herein. The Terms and Conditions shall supersede all prior negotiations, understandings, and agreements, whether written or oral, and such prior agreements shall thereupon be null and void and without further legal effect. Customer acknowledges that they have not relied upon any representations, statements, marketing materials, or promises other than those expressly set forth in these written Terms and Conditions.
13. Informational Notes
The documents will be prepared using the best possible sources to calculate the fees required for processing by the applicable DMV or government agency. The government agency is the ultimate decider of the fees required, and may elect to determine a different amount. Should the DMV calculate a different amount, they will send you a notice of the remainder. If they calculate a lower amount, they normally send the overage back to you as a refund.
Our company is not responsible for delays or differences in recalculations.
From time to time, clients report some difficulty with using the VT documents in certain states, and even just some specific locations in certain states. In the event that you have any difficulty with the transfer in your state, you can take the following action:
If after doing these things, there is still a difficulty, you can contact us and we will prepare documents for an alternate process for you, at no additional processing cost (official fees paid to government agencies, taxes or bonds remain the responsibility of the customer).
The information, instructions, and documents you need to obtain your title from the DMV are included in your order.
You must submit your application to the Department of Motor Vehicles (DMV) in your State to obtain a title.
CarTitles.com is not responsible for final title issuance from the DMV, as this requires additional action by the client. The client agrees to determine prior to placing any order that they are familiar with the services being provided by the company, and are entirely responsible for what utility or usefulness they will provide to the customer.
For court ordered title processes and bonded titles, it may be required that you first apply to the DMV for a rejection letter, if you have not already. Obtaining that rejection letter is the responsibility of the customer.
When your order is placed, you can expect the following contacts: Once a transaction is entered, we will send a confirmation email within the hour that your order is in process. IF you do not receive this, please check your spam folder or email us at help@cartitles.com.
Later that day, or the next business day, we will send a message indicating that the order is almost complete, with a request for you to look at the information (VIN, name/address, etc) to confirm that you have entered everything correctly and that there are no errors.
Once we receive that verification back, we will later send a tracking number for the shipping showing that the documents have been sent USPS Priority mail. The shipping normally is in 1 – 2 business days, depending on volume it may be longer.
Returning this document is not a prerequisite for the order to be valid, but if you do not return the verification, we will generally wait several more days to send out your package, so it will delay your title application documents.
Once we see that your package has arrived to you, you will receive a contact from our client services division to see if you have any questions about the documents. Once the mailed documents are then submitted to the government or lienholder after you have signed them, the processing time varies based on the current volume of that government office, and their procedures. The processing of the new title by the government is entirely at their discretion.
It is your responsibility to verify, complete, and send the paperwork to the DMV in a timely manner. DMV only issues titles after review and confirmation there are no prohibiting factors to issue title. DMV processing time can vary widely. DMV can deny an application, request further documentation, call for an inspection, or require a bond to be posted at its discretion. Company may place a lien on title in favor of the company to secure payment due by customer at the sole discretion of the company.
Some states have a process that is similar to a bonded titled, the process will have a different name and will not require a surety bond. However, the steps taken are similar to the bonded title process in other states. These documents will be provided when client places an order for bonded title in a state that has an alternative to bonded process.