My guess about what is happening here (in part) is what I call The Superhero Complex, as I used to have it.
I used to think that in a situation like this, even though there is no money lost, the principle is at stake here and this person should not be able to commit a crime/fraud like this. There was a self imposed need to serve justice.
Nowadays, I look at the cost-benefit/time-loss of the situation. Usually, it isn't worth pursuing.
gendos
Member
posted: May. 11, 2012 @ 11:22a
The Superhero Complex - I like that .
Many years ago I bought a car at wholesale action . I paid XX fee to 'Dealer' to go and choose my car . Guy, said he is paying few hundred dollars a month to another guy who has a used car dealership . Which gives him access to car action (I guess he represents a dealer at that point ) .. He buys cars for small fee or he just buys them and re-sells on CL/Paper (actually back then there wasn't CL). Because he had virtually no expenses and no warranty to deal with , he could sell a lot cheaper compare to actual dealer . I suppose you bought a car from one of those guys , who probably had no idea of tax issue due to interstate commerce . Seems like you have all the info (dealer name , etc ) - Why not call dealer and request your $600 , he can find a guy.
bigStax
Member
posted: May. 11, 2012 @ 12:58p
F it. Pursue this jerk. At least make his life difficult. I can't tell you how many times I averted purchasing a used car from a "private seller" only to find out that they are really a used car dealer. I'm sick of these scammers.
JaxFL
Senior Member - 5K
posted: May. 11, 2012 @ 1:05p
This poster isn't a rube. Op saw title chain and knew what was happening. No private owner sells with a title not registered. OP stated bought vehicle for move, so now that it cost more , to move, and to flip vehicle , the plan didn't work out as intended. TOO BAD. Also OP sells car and shows reduced price for new owner on title/sale contract. Now op is hating the player , and maybe the game.
JaxFL said: This poster isn't a rube. Op saw title chain and knew what was happening. No private owner sells with a title not registered. OP stated bought vehicle for move, so now that it cost more , to move, and to flip vehicle , the plan didn't work out as intended. TOO BAD. Also OP sells car and shows reduced price for new owner on title/sale contract. Now op is hating the player , and maybe the game.
I feel more foolish than anything for being so trusting. I met the older (60's) guy, he seemed genuine and the story he made up about selling for his son's wife (or whatever he said) was believable. It was when he had me drop him off on the corner that it hit me that I might be on the wrong end of the deal. I've not misrepresented anything in this thread, so take from it what you want. Hindsight is always 20/20...so everything is clear now.
gendos said: I don't think you have a case. He is registered in Oregon as a dealer, no reason he could not sell as individual in Arizona. If he would represent himself as dealer in Arizona (without having paperwork) - then you could have a case. He could say that he sold you car ‘as is’ and it’s your responsibility to pay whatever tax (you don’t have any paperwork that he collected taxes from you on behalf of the state ) . He could be registered as wholesale dealer and might have different law covering him ?? Who knows - objectively you have 50/50 chance of winning/loosing and might need to cover his legal costs if you lose .
I believe he has no authority to collect any taxes or even inform you about it (unless he is registering car as MVA/DMV agent and registering your car and provides new tags )
Friend of mine bought brand new vehicle in another state(from a real dealer ) , he did not pay any taxes in the state he purchased , paid taxes in his home state . I do not see why this would not apply to you ?? Too many IFs
Oregon (among other states) requires that dealers must make it known that they're operating as a dealer. Oregon is actually more strict than other states because of the 0% sales tax. I have around $650 of damages from unexpected sales tax. Arizona doesn't allow out of state dealers to sell in AZ without being a licensed dealership. If I were to buy online, and he was operating out of Oregon, that'd be a different story, but since the entire transaction occurred in AZ, it's subject to AZ law and AZ sales tax.
foghorn19
Senior Member
posted: May. 11, 2012 @ 2:35p
sensia said: CL is a effing mess for used cars. I encountered 6 dealers who were actually fake owners before I could actually meet a real owner and bought my car.
An easy way to weed out dealers is to google the phone number in the for-sale ads. Scammy dealers will show up with several ads for different cars over the recent weeks & months, with the same phone number. Private party won't.
If someone insists on showing you the vehicle away from their home/garage, ask them to show their ID and check against their LinkedIn profile if they're a professional type. If you're not in a rush, buy used car from such a party, instead of some deadbeat off the street. A person with a LinkedIn profile is much more likely to have taken decent care of the vehicle.
NotSoHard
Senior Member
posted: May. 11, 2012 @ 2:50p
foghorn19 said: <snip> A person with a LinkedIn profile is much more likely to have taken decent care of the vehicle.
Wut? Since when is having an online profile an indicator that someone takes care of their things?
jerosen
Geeky member
posted: May. 11, 2012 @ 4:16p
NotSoHard said: foghorn19 said: <snip> A person with a LinkedIn profile is much more likely to have taken decent care of the vehicle.
Wut? Since when is having an online profile an indicator that someone takes care of their things?
Seriously. What does linkedin have to do with buying a used car? I'm not hiring them to be my regional account manager.
Should we also check their Facebook page to see if they are tagged in any photos while using a beer funnel?
Kanosh
Senior Member - 1K
posted: May. 11, 2012 @ 8:23p
I think the point is to know who you are buying from. Ideal situation is to buy car from the driveway of the owner, name on title is the same person you are dealing with, and check their license to verify. Funny thing, people are much less likely to scam you or sell you a lemon when you could literally bring it right back to their doorstep.
Even if you're dealing with someone at a parking lot, I would insist that the name on the title match their license. Anything else is a scam. Facebook, Linkedin, etc could give you more verification of who a person if you doubt the validity of the license, but a better strategy is if you have any doubts aboiut who you're dealing with just stop and do not go through with the deal.
imsparty
Senior Member
posted: May. 12, 2012 @ 8:51a
what's your loss? Sale - cost = 5200 - 4500 - 450 = profit ($350) plus use of vehicle. you have no loss.
By the way, why did the person who bought from you want to put $3k or $4k down? why did you agree if you are so concerned about fairness? Two stories dont jive.
I can't exactly remember what I sold the truck for. I want to say $5200 cash, but wrote the bill of sale up for $3-4k at the buyer's request. No tax, so I'm not sure why he wanted it like that. Plates/registration was around $500.
I was thinking fraud meant I could try and claim treble damages and let the judge decide if I get it or not. Or is it even worth a small claims case? I figured that'd make the surety bond place pay out without question if I had a judgement.
BamBam0099
Member
posted: May. 12, 2012 @ 8:53a
Totally disagree. With all the bull#### that he put you through, I would go after him for everything he's worth and get him shut down. Do you think you're the first person he's ever screwed? No, you're the first person that he screwed that had the brains and fortitude to go after him. I hate crooks with a passion. Take him down for all the trouble he's put you through.
Good luck with this and keep us posted on how it turns out!
NOTPC
Member
posted: May. 12, 2012 @ 9:05a
a dishonest car salesman,,,,, nO WAY !!!
mrkk
Handsome Member
posted: May. 12, 2012 @ 9:33a
ok newbie here when it comes to private party car buying i am in texas
so if i see a car in CL that i like, how should i go about buying it?
mrkk
Handsome Member
posted: May. 12, 2012 @ 9:37a
bigStax said: F it. Pursue this jerk. At least make his life difficult. I can't tell you how many times I averted purchasing a used car from a "private seller" only to find out that they are really a used car dealer. I'm sick of these scammers.
hmm now lets start a donation fund to help this guy pursue, 5$ each?
SIS, what happened to that CAT?
BitemeIamtoxic
Non-toxic
posted: May. 12, 2012 @ 1:14p
Some people are just determined that OP must be trying to be shady somehow. Probably not entitled to the rebate or the class-action, either.
solley
Dismembered Member
posted: May. 12, 2012 @ 3:00p
imsparty said: what's your loss? Sale - cost = 5200 - 4500 - 450 = profit ($350) plus use of vehicle. you have no loss.
Logic fail.
Profit on sale and use of vehicle don't play into his loss. He paid X out of pocket for the car. If the guy wasn't a secret dealer, he would've paid X-Y. Therefore, his loss is Y.
SUCKISSTAPLES
FW Historian
posted: May. 12, 2012 @ 3:12p
mrkk said: bigStax said: F it. Pursue this jerk. At least make his life difficult. I can't tell you how many times I averted purchasing a used car from a "private seller" only to find out that they are really a used car dealer. I'm sick of these scammers.
hmm now lets start a donation fund to help this guy pursue, 5$ each?
SIS, what happened to that CAT? Sadly it died . The kitty was helpless. Op seems to have a good head on his shoulders and is already pursuing the dealer bond. I suspect he will get something out of this
motuwallet
Senior Member
posted: May. 12, 2012 @ 3:16p
that dealer is probably scamming a lot of illegals who don't know better in AZ
foghorn19
Senior Member
posted: May. 13, 2012 @ 2:51a
jerosen said: NotSoHard said: foghorn19 said: <snip> A person with a LinkedIn profile is much more likely to have taken decent care of the vehicle.
Wut? Since when is having an online profile an indicator that someone takes care of their things?
Seriously. What does linkedin have to do with buying a used car? I'm not hiring them to be my regional account manager.
Should we also check their Facebook page to see if they are tagged in any photos while using a beer funnel?
If you believe LinkedIn info is always 100% useless in buying a used car, then you can stay happy in your ignorance. I don't need to convince you of the usefulness of social networking profiles as additional, secondary checks on the other party. I used LinkedIn to a great effect when I bought a used luxury car, so I know what I am talking about.
lurker8498
New Member
posted: May. 13, 2012 @ 6:52p
foghorn19 said: jerosen said: NotSoHard said: foghorn19 said: <snip> A person with a LinkedIn profile is much more likely to have taken decent care of the vehicle.
Wut? Since when is having an online profile an indicator that someone takes care of their things?
Seriously. What does linkedin have to do with buying a used car? I'm not hiring them to be my regional account manager.
Should we also check their Facebook page to see if they are tagged in any photos while using a beer funnel?
If you believe LinkedIn info is always 100% useless in buying a used car, then you can stay happy in your ignorance. I don't need to convince you of the usefulness of social networking profiles as additional, secondary checks on the other party. I used LinkedIn to a great effect when I bought a used luxury car, so I know what I am talking about.
Really, tons of people don't even use linkedin. I think the real question is much LNKD do you own?
smartgirl3778
Member
posted: May. 13, 2012 @ 7:04p
This is the reason why I don't want to purchase online.
tolamapS
Senior Member - 3K
posted: May. 13, 2012 @ 8:13p
SUCKISSTAPLES said: lewiswb said: I knew Arizona was having trouble with fraudulent immigrants, didn't know they were also coming in from Oregon. Was the guy middle eastern by any chance ??
Lots of shady car dealers are funding terrorism
And you know this how?
BostonOne
Senior Member - 1K
posted: May. 13, 2012 @ 8:54p
lurker8498 said: foghorn19 said: jerosen said: NotSoHard said: foghorn19 said: <snip> A person with a LinkedIn profile is much more likely to have taken decent care of the vehicle.
Wut? Since when is having an online profile an indicator that someone takes care of their things?
Seriously. What does linkedin have to do with buying a used car? I'm not hiring them to be my regional account manager.
Should we also check their Facebook page to see if they are tagged in any photos while using a beer funnel?
If you believe LinkedIn info is always 100% useless in buying a used car, then you can stay happy in your ignorance. I don't need to convince you of the usefulness of social networking profiles as additional, secondary checks on the other party. I used LinkedIn to a great effect when I bought a used luxury car, so I know what I am talking about.
Really, tons of people don't even use linkedin. I think the real question is much LNKD do you own? You must have gotten an A+ in logic class. Not everybody uses LinkedIn != Nobody uses LinkedIn Not everybody uses LinkedIn != There is no useful information you can get from checking someone out on LinkedIn
"Jesus Christ has a LinkedIn profile, so he's a trustworthy source for purchasing a used vehicle."
TravelerMSY
Senior Member - 1K
posted: May. 14, 2012 @ 2:44p
Aren't you liable for sales tax regardless of who you bought if from? If I'm not mistaken, your complaint in court would be "I thought I was buying this car from an individual so that I could cheat the state out of sales tax, but the seller was really a dealer and complied with the law anyway."
TravelerMSY said: Aren't you liable for sales tax regardless of who you bought if from? If I'm not mistaken, your complaint in court would be "I thought I was buying this car from an individual so that I could cheat the state out of sales tax, but the seller was really a dealer and complied with the law anyway."
In Arizona private party sales have no tax. Only purchases made from dealers. It varies by state.
The only update I have is that I'm waiting on the surety claims department to respond to me. Their website says they will "respond in a reasonable amount of time." I figured a week is reasonable to at least hear a status update from them so I'll bug them this Thursday.
TravelerMSY
Senior Member - 1K
posted: May. 15, 2012 @ 1:06p
Wacky. Now all private party sales agreements are going to have to say "I represent that I'm not an auto dealer and agree to pay (sales tax %) of the value if I lied."
TravelerMSY said: Wacky. Now all private party sales agreements are going to have to say "I represent that I'm not an auto dealer and agree to pay (sales tax %) of the value if I lied."
Well this is a perfect storm in my case. If he was an AZ dealer, he could get his license pulled. If he was a typical out of state dealer, he'd get his license pulled and sued for failure to collect sales tax for his state (maybe even tax evasion).
Since he's an Oregon (0% sales tax) and out of state, he can slide under the radar of both states unless somebody he screws over follows all the red tape to alert the proper states.
MDfive21
Nerdy Member
posted: May. 17, 2012 @ 1:57p
NotSoHard said: "Jesus Christ has a LinkedIn profile, so he's a trustworthy source for purchasing a used vehicle."
Update: Oregon dealer just called me and left a voicemail. Said he's sorry for the confusion and I had met with his Dad (in AZ) and he's more than happy to give me the $630.88 in taxes I had to pay and didn't intend to defraud me or the city. He said his surety bond company was contacting him, Oregon's dealer division, and his Dad had received letters from AZ's dealer investigation unit.
If he cuts me a check without pitching a fit, I'll respond to any inquires by either state and say it was amicably resolved. I don't want to see the guy lose his livelihood.
There is still some shady stuff going on because the dealer mailing address is at his father's address, but the business address is in Oregon. And google maps street view shows zero dealerships at the Oregon address. It could be a warehouse though, so I'm not sure on that.
SUCKISSTAPLES
FW Historian
posted: May. 21, 2012 @ 11:52a
If his initial offer is $630 you might be able to get a couple hundred more for your "time and trouble ", if he wants this to go away easily
Venturion
Senior Member - 2K
posted: May. 21, 2012 @ 12:13p
Well played Sir.
brucehornsby
New Member
posted: May. 21, 2012 @ 3:30p
I wouldn't let him off as easy. I have a dealer's license in OR. It's illegal here to pose as a private seller, as well as to sell a vehicle at a location other than your "lot"(we don't have a distinction between wholesale and retail in Oregon - you're either a dealer or you're not - you still have to conduct business at your registered commercial location). We have a huge problem with this due to there being no sales tax, plates stay with the car and often times people don't transfer the title to their name until the tags expire. I'm a small dealer without a typical lot and mostly do it as a hobby, but because of shady, and illegal, activity like this it's the honest dealers(yes, there are some) and the consumers who end up paying the most.
It's apparent his intent was to never have to be in contact with you again, likely because he's doing something illegal or he anticipated issues with the truck. My guess is he's done this many, many times and knows how to play the system. I would say he has probably been banned from getting a dealer's license in Oregon due to past misconduct and now he's using his son's name.
brucehornsby said: I wouldn't let him off as easy. I have a dealer's license in OR. It's illegal here to pose as a private seller, as well as to sell a vehicle at a location other than your "lot"(we don't have a distinction between wholesale and retail in Oregon - you're either a dealer or you're not - you still have to conduct business at your registered commercial location). We have a huge problem with this due to there being no sales tax, plates stay with the car and often times people don't transfer the title to their name until the tags expire. I'm a small dealer without a typical lot and mostly do it as a hobby, but because of shady, and illegal, activity like this it's the honest dealers(yes, there are some) and the consumers who end up paying the most.
It's apparent his intent was to never have to be in contact with you again, likely because he's doing something illegal or he anticipated issues with the truck. My guess is he's done this many, many times and knows how to play the system. I would say he has probably been banned from getting a dealer's license in Oregon due to past misconduct and now he's using his son's name.
Hmm...that would make sense about him being banned. The voicemail from the son is the first time I have had any contact with the "owner".
But the mailing address being in his father's name, and the fact that I saw several titles in the father's briefcase would follow with your hunch.
I feel like asking for much more borders on the extortion line. Perhaps the "time and trouble" that SIS mentioned would make sense.
I looked closer at the taxes that I originally claimed, and maybe $100-200 of it I would have had to pay regardless...I just blindly looked at anything that said "tax" beside it and listed it as a complaint. True out of pocket taxes were close to $450. Not sure if I should be greedy beyond the $630.88 he agreed to pay...
I think the state's wheels are in motion to go after him too, so I'd like to get my $ and get out before he realizes he's still in some trouble.
TheDiggler
Senior Member - 1K
posted: May. 21, 2012 @ 5:19p
Al3xK said: I feel like asking for much more borders on the extortion line. Perhaps the "time and trouble" that SIS mentioned would make sense.Preface the "time and trouble" line by stating that you went through a tremendous amount of hassle and lost an entire day of work by spending the necessary time, effort & energy to track down his dealership details, bond information, etc. Come up with a figure of a day's worth of work and ask to be reimbursed for that as well. If it seems exceedingly high, compromise by offering to be reimbursed for HALF a day's work (in addition to the taxes you're owed). You may also want to say something along the lines that if you continue w/ your court case & bond claim, you'll submit for at least ONE FULL DAY's worth of lost wages (in addition to the taxes owed).
Suggest you also require that any payment he sends be in the form of a CERTIFIED CHECK, MONEY ORDER, or CASH. (Offer to pickup the cash from his father's address in AZ! )
So he called me back and sounded like a pretty genuine guy, but who knows if his story is legit or not. Turns out he doesn't live in Oregon now, and has to fly back to meet with the investigator because of the report I filed. He set up the corp so that his retired father could have something to do, and he said he sells a couple cars a month.
It was one of his father's first sales apparently and he didn't know how to transfer the title to his name. This would make sense because with 0% sales tax, it should have only cost around $20 to transfer the title to himself instead of the $630 it'll cost him now.
I'm going to tell his father to meet me at my office and just drop off the cash and I'll give him a letter that says the confusion has been resolved so that he can keep operating. He is still going to get a bunch of grief from the state. I've honestly only had to put in maybe 1-2 hours of work and for an extra $100-200, it could really sour how smoothly this might go over...so I'm content with the $630 cash.
mmyk72
Thrifty Member
posted: May. 22, 2012 @ 8:35a
Sounds like he's finally getting scared or inconvenienced enough to contact you to make things right. So he and his father ignored your email and phone call back in the beginning because they were too ignorant to do the right thing? Don't let up unless you get your money is what I'm saying.
dishdude
Broke Member
posted: May. 22, 2012 @ 11:18p
Al3xK said: So he called me back and sounded like a pretty genuine guy, but who knows if his story is legit or not. Turns out he doesn't live in Oregon now, and has to fly back to meet with the investigator because of the report I filed. He set up the corp so that his retired father could have something to do, and he said he sells a couple cars a month.
It was one of his father's first sales apparently and he didn't know how to transfer the title to his name. This would make sense because with 0% sales tax, it should have only cost around $20 to transfer the title to himself instead of the $630 it'll cost him now.
I'm going to tell his father to meet me at my office and just drop off the cash and I'll give him a letter that says the confusion has been resolved so that he can keep operating. He is still going to get a bunch of grief from the state. I've honestly only had to put in maybe 1-2 hours of work and for an extra $100-200, it could really sour how smoothly this might go over...so I'm content with the $630 cash.
Sounds like a pretty genuine guy? His father has you contact him using a GV number and then disconnects the number to evade you? I think it's more like he knows he can be in some pretty serious trouble unless he makes you go away. I'd ask for an even $1,000. This gives you a couple hundred for your troubles and is a pretty fair number, considering.
tolamapS
Senior Member - 3K
posted: May. 22, 2012 @ 11:44p
JaxFL said: This poster isn't a rube. Op saw title chain and knew what was happening. No private owner sells with a title not registered. OP stated bought vehicle for move, so now that it cost more , to move, and to flip vehicle , the plan didn't work out as intended. TOO BAD. Also OP sells car and shows reduced price for new owner on title/sale contract. Now op is hating the player , and maybe the game.
It does not matter what buyer's INTENTIONS were before the sale or are after the sale.
If you, or anyone for that matter, got into a deal, and subsequently found out that for whatever reason, the deal is worth less than originally thought, AND at the same time, discovered, that errors were made which now make it possible to either collect for damages, or reverse the deal, then I would assume that as a rational agent, you, or anyone else, would choose to pursue the option of cancellation or damage collection.
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