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ah ****..friend buys sc400 from someone but title in someone else name

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Old 03-08-10, 11:29 PM
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djrazr
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Unhappy ah ****..friend buys sc400 from someone but title in someone else name

Original owner - (A)
Buyer (B)
My friend (C)

A sold a car to B.
B never transferred the title to his name, and put on about 5k miles on it.
B never filled out the title nor signed it, so the title is still in A's name.
B sells the car to C

Tags expired a year ago, and title was never transferred, so now will C have to pay for all this? Sounds like B is now out of the picture, since C signed the title, so C basically bought from A.

We ran a vin and plate check to see if the car was stolen or anything, and it's all clean. B basically drove around for free for a year then decided to pass on the title, selling it for A

The car is good as far as not being stolen or anything illegal via the police dept, but i got a feeling C is going to pay all these fees. C is getting screwed because he's gotta pay the past due fees that B did not.

DMV does not care about you, they only care about the car. They don't care who pays it, as long as it's paid
Old 03-08-10, 11:36 PM
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jadu
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sucks about those fees =(
Old 03-08-10, 11:37 PM
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evileagle
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C will pay registration to get it up to date....and taxes for whatever he/she bought it for...thats about it...
Old 03-08-10, 11:41 PM
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djrazr
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B bought the car from A for $1000 via back of the title, so C will have to pay $100 or so for tax assuming it's 10%? I guess B and A worked a deal as to what to put on the title. This car runs great and is pretty dang clean. Mechanic checked it as a great solid running car with nothing wrong with it, except the squeaky breaks, and it needs some tires. Car is definitely worth more than 1k
Old 03-08-10, 11:42 PM
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evileagle
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Originally Posted by djrazr
B bought the car from A for $1000 via back of the title, so C will have to pay $100 or so for tax assuming it's 10%? I guess B and A worked a deal as to what to put on the title. This car runs great and is pretty dang clean. Mechanic checked it as a great solid running car with nothing wrong with it, except the squeaky breaks, and it needs some tires
C will not get double taxed....C will not have to pay taxes for B
Old 03-08-10, 11:44 PM
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djrazr
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Originally Posted by evileagle
C will not get double taxed....C will not have to pay taxes for B
But won't C have to pay taxes on the $1000 that's on the title, since B didn't? B didn't pay anything.
I assume B is now out the picture?
Old 03-08-10, 11:52 PM
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infiniti24
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yupp c pays the taxes of what ever he bought the car for as if A sold to C for X price

dose not have to be the price A sold to B
Old 03-09-10, 12:49 AM
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booga
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say it was a gift
Old 03-09-10, 04:44 AM
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BIGCTY
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Originally Posted by djrazr
B bought the car from A for $1000 via back of the title, so C will have to pay $100 or so for tax assuming it's 10%? I guess B and A worked a deal as to what to put on the title. This car runs great and is pretty dang clean. Mechanic checked it as a great solid running car with nothing wrong with it, except the squeaky breaks, and it needs some tires. Car is definitely worth more than 1k
If the price is already on the title, then thats the amount C will pay taxes for. Do NOT try and alter that because then you will have to get notaries and such involved. Was there a date on the title that A sold it to B for? If so, then C will also have to pay personal property taxes (if you all have that in CA) from the date that was put on the title. The lowest amount DMV charges for sales tax typically covers purchases up to $1000. If your purchase is higher than that then you pay your states sales tax rate on whatever that amount is. So most people put $1000 on the title to get out of paying higher sales tax. But you'd better have a bill of sale, because if the car is valued significantly higher than $1000 and you stroll in DMV with just the title saying 1k, you may get someone at DMV thats hip to that really quick. In which case they will go off the low NADA value for calculating the amount you'll pay sales tax for. This is how it all work in the wonderful Commonwealth of VA anyway...

Skipping titles is only legal by licensed dealers, in which case its a dealer reassignment. I do not think it's legal in private party sales though it happens ALL the time.
Old 03-09-10, 04:57 AM
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zhillz
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I have had this happen to me a number of times I always forged the signature and if anything happens say (B) forged it.
Old 03-09-10, 06:14 AM
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tpham86
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Originally Posted by zhillz
I have had this happen to me a number of times I always forged the signature and if anything happens say (B) forged it.
haha yes!!
Old 03-09-10, 06:52 AM
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RedPhoenix
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Yeah its no big deal. My Supra's title is from 5 owners ago, the car has just been passed around. I will be paying taxes for the $200 I paid for the car and the typical fee's that come with it. No big deal.
Old 03-09-10, 07:25 AM
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Tabaka
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Buyer (A) can mail their registration card to the DMV along with a copy of the bill of sale when it's sold. I'm pretty sure this is the correct way of doing things because it documents the mileage. This would probably have protected (C) a little more. But then again, it would probably just confused the DMV even more lol.

I recently had an issue with this. I sold a 1998 w210 E-Class Mercedes. The buyer was super sketchy but he paid in cash. I go inside to get a screw driver to remove my plates and homeboy takes off with the title and my tags. I gave him 24 hours before I called the cops. My tags are personalized and I wanted them back. I ended up calling the cops and believe it or not, he was caught. The guy had all kinds of warrants and existing charges. I got my tags back and life is somewhat normal again. I mailed my registration card to the DMV to make things more legit. Now I'm done with selling cars (& Mercedes/long story) and hope to own my next vehicle for a long time. That's why I'm looking at SC's
Old 03-09-10, 07:33 AM
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Matador
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You might have him check with local DMV/DPS/tax office about how they calc taxes on cars. In some states if the sales price is rather low given the cars actual value they use the black book value of the car and charge you taxes based on that. As for gifting, there is gift tax as well. You're friend should be fine though as long as A signed the back of the title.
Old 03-09-10, 07:50 AM
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i dont know whats the huge problem about that your just going pay back registration fee from when it hasnt been registered (which should have been your friends question when the he check tags are missing before he bought so he would know the cost)

your tax is whatever you put down as the sell price on the pink.......

just be lucky you got the clean pink i been scammed before with a pink and the the car had a LIEN on it when i went to the DMV but the pink didnt show it. I had to pay an extra $500 and track down a hole in the wall loan shark to get the LIEN removed on one of my cars... NOW THAT i can say "ahh ****"


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