Question for the OS Lawyers (members)

[dust247]

Last week I made the biggest purchase of my life, by buying a 2009 Mitsubishi Lancer. However, in order to complete the deal, I needed the taxes to be included on the loan because I would only have enough money to make a solid down payment. However the dealer and their finance worker failed to include the taxes in the loan because they said we didn't ask for it. However, we stated before we even looked at the car that we needed the taxes to be included. They said they've included taxes in loans before, so it wouldn't be a problem. As we were figuring out the numbers, like how much my down payment would be, and what they would give me for my car, I asked them again to include the taxes with the loan.

When we were signing the actual papers, they told me they included it in the total cost of car and that when I came back to pick up the title (paper work so we could go to the courthouse) they would give me a check to pay for the taxes. However that wasn't the case, which I found out today. When I went down there they said that I didn't ask for them to include it in the loan and I would have to pay for it out of my pocket. Meaning that I need to find an extra $700 by October 27th to pay the 3% tax on the car.

Now my question is, is there anything I can do to force the dealer to pay for the taxes since it was apart of our verbal contract? On the official contract, it says N/A for taxes paid, but there is an extra $704 on top of the cars actual price. Its not like the dealer will actually pay for the taxes, since they'll get their money back from the bank anyways. I just wasn't planning to pay for that expense right now...

Any and all advice is welcomed, if you have any questions let me know.

(That's why I've been gone for awhile, I've been working hard to buy a new car. Don't worry though, I still read OS daily, I just don't post as much. Which some probably think is a good thing )

[fistofrage]

Re: Question for the OS Lawyers (members)

Last week I made the biggest purchase of my life, by buying a 2009 Mitsubishi Lancer. However, in order to complete the deal, I needed the taxes to be included on the loan because I would only have enough money to make a solid down payment. However the dealer and their finance worker failed to include the taxes in the loan because they said we didn't ask for it. However, we stated before we even looked at the car that we needed the taxes to be included. They said they've included taxes in loans before, so it wouldn't be a problem. As we were figuring out the numbers, like how much my down payment would be, and what they would give me for my car, I asked them again to include the taxes with the loan.

When we were signing the actual papers, they told me they included it in the total cost of car and that when I came back to pick up the title (paper work so we could go to the courthouse) they would give me a check to pay for the taxes. However that wasn't the case, which I found out today. When I went down there they said that I didn't ask for them to include it in the loan and I would have to pay for it out of my pocket. Meaning that I need to find an extra $700 by October 27th to pay the 3% tax on the car.

Now my question is, is there anything I can do to force the dealer to pay for the taxes since it was apart of our verbal contract? On the official contract, it says N/A for taxes paid, but there is an extra $704 on top of the cars actual price. Its not like the dealer will actually pay for the taxes, since they'll get their money back from the bank anyways. I just wasn't planning to pay for that expense right now...

Any and all advice is welcomed, if you have any questions let me know.

(That's why I've been gone for awhile, I've been working hard to buy a new car. Don't worry though, I still read OS daily, I just don't post as much. Which some probably think is a good thing )

If you have the invoice showing that they tacked an extra $700 onto the price of the car and thats what the loan is for, you should be able to work it out with them.

If everything is verbal and your signed contract states otherwise. The signed contract is going to be what they go by.

Why don't you talk to the guy who sold you the car and work it out. If he won't listen to you, speak to the manager. If he doesn't listen, threaten legal action and tell them you will not give them any referral business or purchase from them in the future.

[dust247]

Re: Question for the OS Lawyers (members)

If you have the invoice showing that they tacked an extra $700 onto the price of the car and thats what the loan is for, you should be able to work it out with them.

If everything is verbal and your signed contract states otherwise. The signed contract is going to be what they go by.

Why don't you talk to the guy who sold you the car and work it out. If he won't listen to you, speak to the manager. If he doesn't listen, threaten legal action and tell them you will not give them any referral business or purchase from them in the future.

Well my dad was a co-buyer (not sure what the difference between a co-buyer and a co-signer is, but I digress), so I could get the loan in the first place, and he did threaten legal action. They (the people who work there) said he wouldn't follow through, so my dad took out his phone acting like he was calling a lawyer while he walked out the door. Their cooperate manager was there (all the way from Salt Lake City), and he wouldn't listen. He assumed he knew what was going on, and took the finance workers side. He said that the finance worker knew nothing about the taxes being added in, however she told me this as I was leaving after I finished paying the down payment a few days after we signed the papers, "I'll see you next Monday to give you the paper work for title and the check for the taxes." So she did have to know about it, but she was just covering her *** so she wouldn't get fired for messing up my loan. I wouldn't be so mad, if I had a realistic chance of gathering the $700.

You think since I just spent around $20,000, that the least they could do is give me the benefit of the doubt for something so small. (Obviously it's not small, but to them thats like chump change.)

I have a feeling I'm screwed, but there has to be something I can do...

[p_rushing]

Re: Question for the OS Lawyers (members)

usually you have 3 business days to get out of a contract without any problems

[fistofrage]

Re: Question for the OS Lawyers (members)

usually you have 3 business days to get out of a contract without any problems

Yeah, I was going to mention that, but he said this happened a week ago, so he's f'd in that regard.

Did you say that there was a document or invoice that shows $700 bump in purchase price?

You need to get some type of paper on it or you won't have a chance. The other thing you can do is bring your dad in and ask to talk to the manager and the lady at the same time and grill her until she breaks if you can. If she's an honest person, the truth will come out.

[skitch]

Re: Question for the OS Lawyers (members)

If she's an honest person, the truth will come out.

...she sells cars.

[fistofrage]

Re: Question for the OS Lawyers (members)

...she sells cars.

No she does the paper work. But yeah, if you are dealing with crooks, you're dealing with crooks. If you are dealing with someone who made a mistake and is trying to covr it up, I think you could grind the truth out of them.

[dust247]

Re: Question for the OS Lawyers (members)

I'm going to go back down there tomorrow, to see what they say. I've talked to a couple of different people I know and they told me to report them to the Better Business Bureau and / or Consumer Protection.

[Brankles]

Re: Question for the OS Lawyers (members)

Rule #1: Never buy a brand new car

[bkrich83]

Re: Question for the OS Lawyers (members)

Rule #1: Never buy a brand new car

What?

[MassNole]

Re: Question for the OS Lawyers (members)

The parol evidence rule would apply, because this was for the sale of goods (the car) for more than $500. The rules basically states that no evidence of things said before the contract can come in as evidence.

[J.R. Locke]

Re: Question for the OS Lawyers (members)

I don't really think you can do much other than rescind the purchase and loan. Sorry dude but your options are limited in my opinion.

---side note you only have to pay 3% on a car? Dang that is good what state is that in? Subsidized car industry for sure!

[fistofrage]

Re: Question for the OS Lawyers (members)

The parol evidence rule would apply, because this was for the sale of goods (the car) for more than $500. The rules basically states that no evidence of things said before the contract can come in as evidence.

Thats why he needs to get ahold of the alleged invoice that shows the $700 line item included as part of the sale. I picture it to be like closing costs on a mortgage included in the sale of a home that would increase the amount of the loan so the borrower has less to hand over as a down payment at the time of the sale.