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Questions About Private Sale Transactions

236 messages,  Last post on Nov 20, 2009 at 5:18 PM

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#171 of 236
Re: Buying Used Car from private out of town buyer [novice1144] by cccompson
May 17, 2008 (3:08 am)
Reply

Replying to: novice1144 (May 16, 2008 6:53 pm)

Common practice? Well, let's just say it's not uncommon - it's how the lender guarantees its security interest in the vehicle and prevents you from running off with their money.
 
Unless your state has an unusual requirement, I don't understand the argument that the notary requires evidence of the purchase price - that's not the notary's job.
 
This is really very simple - either the sellers take the title to the lender or the lender comes out to the sellers to conclude matters.
#172 of 236
Re: Buying Used Car from private out of town buyer [cccompson] by steine13
May 17, 2008 (3:41 am)
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Replying to: cccompson (May 17, 2008 3:08 am)

  • The notary is required in many states because they want to make sure the price is correct. Use tax is based on the purchase price in most places.
  • There is no use tax if you're buying from your mom.
  • With my credit union at least, they don't care if you're buying the car of already own it. Why not have your mom sign & send the title to you, you register the car, get a title in your own name, then head to the CU with THAT?
  • I'd be very leery of owing money on a 9-year-old anything. It'll probably go a good while longer, but if it conks out in 3 weeks, which is entirely possible, you'll be making payments on something useless. AND you'll be required to keep paying for insurance and registration, whether it moves or not.
     
    Good luck, -Mathias
  • #173 of 236
    Re: Buying Used Car from private out of town buyer [steine13] by cccompson
    May 17, 2008 (9:41 am)
    Reply

    Replying to: steine13 (May 17, 2008 3:41 am)

    It's not the notary's job to independently verify the purchase price of a vehicle - the notary merely takes the acknowledgement or affirmation of the seller.
     
    Perhaps in Michigan there is no use tax on a family sale. The same is not true in all other states.
     
    Your idea of mom signing the car over and then the OP using the new title to secure financing is a good one. The tenor of the post, however, somewhat suggested the lack of trust necessary to do it that way.
    #174 of 236
    Re: Buying Used Car from private out of town buyer [cccompson] by steine13
    May 17, 2008 (12:37 pm)
    Reply

    Replying to: cccompson (May 17, 2008 9:41 am)

    Perhaps in Michigan there is no use tax on a family sale. The same is not true in all other states.
     
    That surprises me; I think it's true for "most" states. But I only really know thisabout MI and MO.
     
    -Mathias
    #175 of 236
    Re: Buying Used Car from private out of town buyer [novice1144] by novice1144
    May 17, 2008 (6:01 pm)
    Reply

    Replying to: novice1144 (May 16, 2008 6:53 pm)

    Thanks for your input. This is a family situation and my brother especially is making this more difficult. I'm leaning on buying another vehicle from another source and not involve family. This makes things much less complicated. I'm in Ohio
    #176 of 236
    Re: Buying Used Car from private out of town buyer [novice1144] by cccompson
    May 18, 2008 (7:24 am)
    Reply

    Replying to: novice1144 (May 17, 2008 6:01 pm)

    There's no official break on use (sales) tax in Ohio if the sale happens involves family members. Here the seller declares the price on title and tax is calculated on that figure.
     
    As one might imagine, there is much resulting fraud in private sale transactions. It's gotten so bad that the the state tax department will sometimes send a letter out later to the seller seeking to verify the sale amount (because many titles are assigned "blank" as to price). Don't know how much cooperation they get - they don't even include a stamp on the return envelope!
    #177 of 236
    Re: Buying Used Car from private out of town buyer [cccompson] by steine13
    May 18, 2008 (1:35 pm)
    Reply

    Replying to: cccompson (May 18, 2008 7:24 am)

    It's gotten so bad that the the state tax department will sometimes send a letter out later to the seller seeking to verify the sale amount
     
    Here in MI the secretary of state people will sometimes decide on their own that something's fishy and assess a higher price. The law says that use tax is calculated on the "sale price or retail price, whichever is higher."
     
    This made the newspaper some years back when they decided some lady was scamming them with the price of a used RV. It got to be a bit of a mess because the lady apparently was a pillar of the community and hadn't lied at all, and the "retail price" was taken straight out of one of the more idiotic price guides.
     
    I'm all for this law, but in my version, if they don't like the price, they should assess the car... and then give the buyer the option of turning the car over to the state in exchange for, say, 90% of the assessed value. I'd be all over that ;->
     
    -Mathias
    #178 of 236
    Re: Buying Used Car from private out of town buyer [cccompson] by dtownfb
    May 20, 2008 (9:08 am)
    Reply

    Replying to: cccompson (May 18, 2008 7:24 am)

    This happened to me the purchase of my current vehicle. I live in PA. I guess they did not believe the price of the car and sent the letter to verify. I simply put the price of the car on the letter and sent a copy of the signed and notarized bill of sale.
     
    The state is looking to get their piece of the pie.
    #180 of 236
    Private Sale by 2doorpost
    Sep 13, 2008 (6:09 am)
    Reply
    Here's one that just happened-
     
    My kid had just picked up a screaming deal on Craigslist-(2004 Cavalier-3300 bucks) his old car (a 2000 Cavalier) was worse for the wear of 8 years of so-so maintenance and typical Midwest rust on top and underneath. After trying to get decent money for the car- decided to dump it back on Craigs for 800.
    1/2 later phone is ringing off the hook- knew I priced it too low but wanted it gone.
    Young kid and boss show up 2 hours later- drive the car - like it- grind 25 bucks off of me and agree to take it a few days later. Kid is "desperate for the car" No wheels.
     Day comes and kid doesn't have ride because he's watching his little baby- we drop car off-
    Few hours later - car is listed
    on Craigslist for 1500.00 more.
     
    Moral of the story. Be happy its out of my life and feel sorry for whoever paid the 2 grand for it. They were screwed.
    And don't take to much stock in what a buyer tells you.

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