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Popovich v. S. Park Pontiac & Subaru

9/26/1997

d that a certificate of title be a complete report of the title of a motor vehicle upon which any person subsequently purchasing the vehicle has a right to rely. Stackhouse Oldsmobile, Inc. v. Petry (1967), 12 Ohio App.2d 68, 78, 41 O.O.2d 122, 128-129, 231 N.E.2d 71, 78.


In the case at bar Allstate received a bill of sale from Lombardi in which he certified that the actual mileage was unknown. Allstate had actual knowledge that the true mileage was unverifiable and hence had a duty to provide that information in the appropriate area of the certificate of title. Having failed to do so, Allstate violated the express language of R.C. 4505.06 and should be held accountable for its omission. However, because the majority has determined that appellant's claim has failed to meet the requirements of the statute of limitations, I concur.


WAITE, J., concurs with the foregoing concurring opinion.






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