Pay Sales Tax In Two States?

DownTheAvenue wrote:

JALLEN4 wrote:

DownTheAvenue wrote:

JALLEN4 wrote:


With all the lawyers in training and supposed real lawyers responding, it is interesting no-one has pointed out one very important fact. In every state, the sale of a motor vehicle is not considered to have been consummated until such time the title is transferred to a new owner. The fact that the previous owner signs the title and gives it to the new owner does not consummate the deal until such time the vehicle is actually titled in the new owners name.

A very interesting post, and not factual, at least in the states where I am admitted to the bar and licensed to practice. While the state DMV may not consider the new owner until they have changed title information, if a buyer has given consideration (money) that is all that is necessary for a purchase. Of course, without a paper trail (bill of sale signed by seller and buyer) intent may be hard to prove.

Anyway, this is too far off topic, but I would be glad to discuss it in a new thread.

It is on topic when the discussion involved driving on the sellers tags. Your opinion that it is not factual may well be true. Of course that would mean the tens of thousands of dollars I paid actual Automotive Attorneys was wasted during my forty years of owning and operating new car dealerships. You also may well be on to something as a money making opportunity. You can save dealers money on the insurance they are often sold covering the eventuality described.

I am sure your many years as a successful business man in the automotive business exposed you to many issues. However, what you stated is factually wrong. Some states do not issue titles on certain automobiles. Georgia, one of the states where I am admitted, will not issue titles on a whole list of vehicles, including 1962 model year or older, and will only issue a title under certain situations on a 1963- 1985 model year vehicles. Prudent business practices and actual laws can be very different, and you seem to have confused the two. A basic element of law for any transaction to be complete is consideration. Look at the deed to your house: it most likely says something like for ten dollars and other consideration, value received and paid at hand. Did you really pay $10 for your house? Of course not. Look up the term, "animus contrahendi". Once consideration is paid, the animus contrhendi has been satisfied and the transaction, from a legal stand point, is complete.

I suspect what has confused you is the complex transaction where you would "sell" an automobile to a buyer and hope you can then sell the contract to a lender, known as "spotting". The legaleze in the contract allows for this and there was probably language that stated the sale is not complete, or the animus contrahendi, if you will, is not satisfied until the loan has been accepted by a lender. Ever had to call a buyer back to sign a new contract with different terms? You could do that based on the language in the contract. If that specific language was not there, the buyer could say screw you, I gave you my trade in (consideration) and I now own my new car. You see, in a contract, people can agree to most anything, and that then becomes the binding agent. I think that is what you have confused with actual law; your contracts in your business provided for certain procedures.

Sorry this is so long, but the issue needed clarifying.

I do appreciate your opinion as wrong as it may be. Unless your practice is in automotive law, I dare think I know more about the subject than you. I paid the money to your brotherhood to become educated.

I do appreciate that without an argument there is no need for an attorney. I also appreciate then your bringing up the antiquated Georgia DMV rules, real estate transactions, "spot deliveries", and pre-1962 vehicles. Unfortunately none of those things have anything at all to do with the current subject. The OP is not buying a house, he is not dealing with a Georgia title, it is not a dealer's spot delivery, and I am guessing it is not a pre 1962 vehicle.

Fortunately for all involved, the OP has decided to drive to his home state on the seller's tags. Unless he comes back to tell us of problems he incurs as a result of this decision, everything else is moot!