If the title is still not in your name after 40 days, and you purchased the vehicle in Ohio, then you should be able to get your money back. In Ohio, a car dealer is required to deliver title to a motor vehicle to a consumer within 40 days of the sale of the vehicle to the consumer. And, where the car dealer fails to do so, the consumer has an unconditional right to rescind the transaction (i.e. make the dealer take the vehicle back and get their money back). However, most car dealers will probably fight you on this, so you may need to retain an attorney.
You may or may not be able to get the car fixed-- it depends on your sales paperwork, and/or whether the vehicle came with any type of warranty or you purchased some type of service agreement. You will need to show an attorney your sales paperwork and provide the attorney with additional information regarding a warranty or service contract, if any, to get a definite answer on this.
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
In automobile transactions, title is king. If you buy a car and get no title, you have no ownership interest. Ms. Wells is a highly experienced atty in this area of law in your state. You should contact her office straight away.