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Just bought a truck....now they're trying to fuck me!

Jackalope

Dignitary Member
Staff member
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260
That's complicated...already had the bed LineX'd and I can just hear the dealer....ain't paying for that mileage, depreciation etc etc. Apparently AUTOCAP doesn't make judgment calls. I have a call into a lawyer that we get 30 minutes free consultation through our employee and I also want to talk to the credit union and ask them if they don't get the title in so many days what do they do? I'm hoping they're going to put pressure on the dealership to release the title to them.

Smart move.
 

Smawgunner2

Active Member
1,230
63
Athens County
Great video! I know I'm on solid ground however what I want to know is to get my title work done, am I going to have to take these mother truckers to court? I'd be happy to pay 2000 in court fees to avoid 2000 in taxes which really aren't taxes it's just more profit for these assholes.
 

Jackalope

Dignitary Member
Staff member
38,841
260
Great video! I know I'm on solid ground however what I want to know is to get my title work done, am I going to have to take these mother truckers to court? I'd be happy to pay 2000 in court fees to avoid 2000 in taxes which really aren't taxes it's just more profit for these assholes.

Did you check the math on the purchase agreement? What exactly are they saying is missing? If they left the tax off and the bottom total is right then they goofed and a contract is a contract.
 

Smawgunner2

Active Member
1,230
63
Athens County
Did you check the math on the purchase agreement? What exactly are they saying is missing? If they left the tax off and the bottom total is right then they goofed and a contract is a contract.
They calculated taxes on a trade for a new car which is different than a used car. I'm feeling solid on the contract end, not paying up. But not sure what to do if they say we're not doing the title work. Can they legally do that? I did pay them "title fees" as listed in the purchase agreement.
 

Jackalope

Dignitary Member
Staff member
38,841
260
They calculated taxes on a trade for a new car which is different than a used car. I'm feeling solid on the contract end, not paying up. But not sure what to do if they say we're not doing the title work. Can they legally do that? I did pay them "title fees" as listed in the purchase agreement.

Well. Doesn't sound like your problem. If they failed to collect the appropriate taxes on the sale that's on them. If I as a business charge my customers the incorrect sales tax on products uncle same doesn't give a shit. I as a company owe the taxes not the customer, the customer made a fair purchase for asking price of the goods sold, I goofed the back office math.
 
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Quantum673

Black Hat Cajun
Supporting Member
Well. Doesn't sound like your problem. If they failed to collect the appropriate taxes on the sale that's on them. If I as a business charge my customers the incorrect sales tax on products uncle same doesn't give a shit. I as a company owe the taxes not the customer, the customer made a fair purchase for asking price of the goods sold, I goofed the back office math.
Wondering though if this works a little different. Taxes are collected as part of the title work not the actual sale like most goods and services. So a dealer could sale you the vehicle and have you take care of your own taxes when you transfer the title. With the sales agreement though that may create liability.
 

Jackalope

Dignitary Member
Staff member
38,841
260
Wondering though if this works a little different. Taxes are collected as part of the title work not the actual sale like most goods and services. So a dealer could sale you the vehicle and have you take care of your own taxes when you transfer the title. With the sales agreement though that may create liability.

I see what you're saying but it is the dealer that owes the tax not the purchaser. The dealer simply charges you for it and breaks it out so people can see tax, title etc but it's all listed under the same purchase agreement. The way I understand it is, If an Ohio resident purchases a motor vehicle from an Ohio motor vehicle dealer and takes possession of the vehicle in Ohio, the dealer must collect sales tax and remit it to the Clerk of Courts at the time the dealer obtains the title for the vehicle. The Ohio sales tax must be paid based upon the purchaser’s county of residence. In a private party sale I have to pay the sales tax when I go to transfer title. Since the dealer actually purchased the vehicle and then sold it, they owe sales tax on it to transfer the title.

Dealers aren't required to obtain a title within 30 days of buying a vehicle like we are, They only have to obtain and assign title to the lender or purchaser once the vehicle is purchased by the end consumer, at that time they are required to pay sales tax on the sale in order to transfer title. This is why when you buy a vehicle the title chain isn't (previous owner / dealer / you). It just shows (previous owner / you.)
 

Smawgunner2

Active Member
1,230
63
Athens County
I see what you're saying but it is the dealer that owes the tax not the purchaser. The dealer simply charges you for it and breaks it out so people can see tax, title etc but it's all listed under the same purchase agreement. The way I understand it is, If an Ohio resident purchases a motor vehicle from an Ohio motor vehicle dealer and takes possession of the vehicle in Ohio, the dealer must collect sales tax and remit it to the Clerk of Courts at the time the dealer obtains the title for the vehicle. The Ohio sales tax must be paid based upon the purchaser’s county of residence. In a private party sale I have to pay the sales tax when I go to transfer title. Since the dealer actually purchased the vehicle and then sold it, they owe sales tax on it to transfer the title.

Dealers aren't required to obtain a title within 30 days of buying a vehicle like we are, They only have to obtain and assign title to the lender or purchaser once the vehicle is purchased by the end consumer, at that time they are required to pay sales tax on the sale in order to transfer title. This is why when you buy a vehicle the title chain isn't (previous owner / dealer / you). It just shows (previous owner / you.)
I spoke to my credit union but that’s not who it’s with I took a loan through GM finance. But I posed that question to them do they need the title to lend me money and they made it sound like they don’t give a shit as long as I’m making a payment. But when it’s all paid and done if I don’t have the title it’s between me and the dealer. Not sure if they know what they’re talking about because if something goes sideways they’re left with an unpaid debtAnd no title.
 

Jackalope

Dignitary Member
Staff member
38,841
260
I spoke to my credit union but that’s not who it’s with I took a loan through GM finance. But I posed that question to them do they need the title to lend me money and they made it sound like they don’t give a shit as long as I’m making a payment. But when it’s all paid and done if I don’t have the title it’s between me and the dealer. Not sure if they know what they’re talking about because if something goes sideways they’re left with an unpaid debtAnd no title.

Yeah that doesn't make sense. The lender will want to be represented as a lien holder on the title, other than that they don't care.

I also found the fund stuff that I was talking about earlier. Not sure if it applies only to title defects but it does state that a dealership has to transfer title within 40 days and there is a fund set aside for consumer damages.


My wife also mentioned that you may want to reach out to the Consumer Financial Protections Bureau. (CFPB) They are notorious for consumer advocacy and financial institutions know the CFPB has teeth.
 

Smawgunner2

Active Member
1,230
63
Athens County
Ask them how much bad publicity they can handle.
Yeah that's the thing I had a great experience other than this shit. I would've bought another vehicle from them without a doubt. My wife's vehicle will need replaced in about a year or so. They would've easily made two grand off of me again but screw that they won't get any money from me and my friends my family or anyone else I can reach. They screwed the pooch on this one.
 
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Smawgunner2

Active Member
1,230
63
Athens County
Talked to a lawyer. Legally I’m in the right ...of course that would be determined by a judge. But the second part is that they could say ok,...here is your title, go register it yourself., at which time I’d have to pay taxes. So to avoid all that bullshit I coughed it up 🤬 extortion IMO