Pay Sales Tax In Two States?

[Makin__Do]

I'll try and make this short. I live in West Virginia and want to buy a used RV from a private party in Florida. If I want an "in-transit" tag from Florida to drive the RV back to WV, I have to pay FL 6% tax, equal to the WV tax, to get that tag. When I title the RV in WV I would have to pay the 6% tax again because WV will not give me credit for paying the tax in FL. 12% is more than I want to pay.
So, the question is, can I pay the owner for the RV and have them sign the title over to me and just get out of state and skip the tag?
BTW, the owner is willing to leave their FL plate and insurance on the RV until I get back to WV.

[Jarlaxle]

Grit dog wrote:

Makin' Do wrote:
OP again. It seems this topic has gotten a little out of control and I'm sorry that a couple of posters are perhaps less than happy with each other. All responses are more or less valid in their own way and I have taken them all into consideration. Again thanks for all your replies.
Now, here's what the seller and I agreed to do, and we are both comfortable with the agreement. I'll leave with his plate and registration and his written statement that I have his permission to be in possession of and use of his RV. My insurance policy (State Farm) says that I am covered when driving another persons vehicle whit their permission. When I get home I'll send him his plate, registration and that Star Bucks card. I'll leave him with a bottle of JD since I can't send that thru the mail.

And after all this good, bad and/or entertaining and some way out there advice, you actually picked the worst possible option for both of you. You’re leaving with a vehicle signed over to you and fabricating some story to your insurance that they could or will deny if you crash it. Then the seller will show that he sold it to you so you or your ins will be responsible.
Buy the thing, get a signed title and bill of sale. Leave the plate on or take it off who cares. On makes you less of a target for the cops, off shows you just bought it. Go home and register it.
And if you want, make sure your state has a grace period. Guessing they all do because you can’t instantly register a private party vehicle without dragging the seller to the dmv.

So, did you not read the post you quoted, then?

[NEHOG]

For the record, in the state of NH you do it this way...

1. Get a bill of sale for the new vehicle (doesn't matter what it is...)
2. Go to the DMV and you pay for a 'Transit' (paper) plate, and a temporary registration. Plate is good for 30 days.
3. You get back to your state, you then register the vehicle properly.

The OP's resolution of leaving the seller's plates on the vehicle, having a letter authorizing him to drive/use the RV, and the seller being wise keeping their insurance on as well is a good solution.

[DownTheAvenue]

JALLEN4 wrote:


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.

"A little learning is a dangerous thing;
drink deep, or taste not the Pierian spring:
there shallow draughts intoxicate the brain,
and drinking largely sobers us again."

quote from An Essay on Criticism (1709) by Alexander Pope (1688-1744)

[JALLEN4]

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!

[carp65]

When we purchased our motorhome in Florida, we signed an affidavit assuring we
would register it and pay the sales tax in South Dakota, our home state. The
difference is 7% for Florida and 4% in SD. Big difference! We had 45 days to
do this and our mail service, Dakota Post, walked us through it with no
problems at all.

[DownTheAvenue]

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.

[JALLEN4]

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.

[rockhillmanor]

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.

:S
NONE of it happens, or is reported, and no one knows squat, 'until' you go to the DMV to register it and/or apply for that stupid in-transit temp plate.

Which BTW is why they offer it IS to catch the taxes.

Now, here's what the seller and I agreed to do, and we are both comfortable with the agreement. I'll leave with his plate and registration and his written statement that I have his permission to be in possession of and use of his RV...

OP is already on the road and has it all figured out.

[DownTheAvenue]

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.

[rockhillmanor]

Makin' Do wrote:
OP again. It seems this topic has gotten a little out of control and I'm sorry that a couple of posters are perhaps less than happy with each other. All responses are more or less valid in their own way and I have taken them all into consideration. Again thanks for all your replies.
Now, here's what the seller and I agreed to do, and we are both comfortable with the agreement.

I'll leave with his plate and registration and his written statement that I have his permission to be in possession of and use of his RV.

My insurance policy (State Farm) says that I am covered when driving another persons vehicle whit their permission. When I get home I'll send him his plate, registration and that Star Bucks card. I'll leave him with a bottle of JD since I can't send that thru the mail.

Well there you go!!

We have a winner,

You have a seller that understands the problem of double taxes in Florida and is willing to let you drive home with his plates. HOORAY!!

And here's to a safe trip home with your new to you RV. :C

[spoon059]

WTP-GC wrote:
He should have retrieved the crate and taken it the local PD and turned over as recovered property. Otherwise, he's likely to be detained while his home is searched by FBI agents and K9 units. Then off to jail, court, 60 months in prison and registration on the sex offender list. All because that milk crate was laying on the side of road and it looked too handy.

Let it go man. I answered the OP's questions with facts and information. .Sorry you didn't like the information, but you don't need to be a troll about it..

[WTP-GC]

2012Coleman wrote:
Obviously, you have never seen a thread concerning plastic milk crates on here.

He should have retrieved the crate and taken it the local PD and turned over as recovered property. Otherwise, he's likely to be detained while his home is searched by FBI agents and K9 units. Then off to jail, court, 60 months in prison and registration on the sex offender list. All because that milk crate was laying on the side of road and it looked too handy.

[rockhillmanor]

1. The OP bought a MH NOT a TT.

2. Every state has 'different' DMV rules
This statement:...

From Florida http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0320/Sections/0320.02.html
It is a CRIMINAL OFFENSE for a person to drive an automobile if that automobile isn't properly registered. Penalties include;
2nd degree misdemeanor charge
$500 fine
60 days in jail
6 months probation

This ONLY pertains if you LIVE in the state of Florida. Florida has probably the most stringent resident DMV rules.

3. "A SELLER will NOT ever let you leave with THEIR plates on the RV they just sold you! If they have any brain cells!

Also when you sign the title and give it to the the buyer? MAKE SURE he doesn't leave without putting HIS signature and date on the title also before he leaves. Don't ask me how I now know how important this is.

Signed title and bill of sale in hand. I have yet to see a cop 'arrest you' or 'impound the vehicle' after stopping someone without plates on a newly purchased vehicle in transit. :R

These cops have better things to do on their day off then go to court on something like this that the judge will throw out when you present the papers stating you just bought it.

I've bought and traveled with numerous newly purchased used vehicles over many many years and have been stopped only once. Produced the bill of sale and was on my way. Can't tell me none of you have ever bought a vehicle and drove it home without plates?

[Atlee]

My first suggestion is to check with WV DMV and see if you can get a temporary transit registration. In Virginia, we can go on line and get a temporary transit permit for a vehicle bought out of state.

I did this once for a Class B I bought up in Massachusetts. The main thing I needed was the VIN number of the Class B I was buying. I then took a train to BWI in Maryland, then flew up to Mass. We took care of the purchase, I put the temporary transit permit in the rear window and off I was back to Virginia.

Hopefully, WV has the same type of deal. If it does, you'll be free of any double tax.

Makin' Do wrote:
I'll try and make this short. I live in West Virginia and want to buy a used RV from a private party in Florida. If I want an "in-transit" tag from Florida to drive the RV back to WV, I have to pay FL 6% tax, equal to the WV tax, to get that tag. When I title the RV in WV I would have to pay the 6% tax again because WV will not give me credit for paying the tax in FL. 12% is more than I want to pay.
So, the question is, can I pay the owner for the RV and have them sign the title over to me and just get out of state and skip the tag?
BTW, the owner is willing to leave their FL plate and insurance on the RV until I get back to WV.