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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38354
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I recently purchased a vehicle in Cheyenne, WY (my home residence

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I recently purchased a vehicle in Cheyenne, WY (my home residence is Greeley, CO). We made an OTD (out the door) sales which was suppose to include taxes, title, registration, all included with my $34,750 sale. On the contract it listed sales tax N/A, and I asked them why, they assured me that being that it was considered a "USED" car, it was all included in the price. After the deal was done 3 days prior to my temporary tags expiring(issues for 45 days), the dealership called me to say that they were holding my title until they collected taxes. I went all the way up to the VP of the dealership chain with the matter. He originally said it was my problem and he wasn't going to help me out. I contacted my bank, which, then contacted the VP, and the VP left a message on my voicemail saying he is willing to make a deal. I contacted the bank again to see what was said, they informed me that the dealership is willing to release the title but I would still have to come up with the taxes. Is there anything I can do to fight this? Is the dealership in the wrong at all? Would getting a lawyer, fix this issue? What options do I have on this matter since I was lied to about the tax issue?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, did you get anything in writing where the dealer promised and assured you that the value for taxes would be covered by them, or just this "N/A" listing on the agreement? I am asking to see what paper trail, if any you may have, sicne taxes are usually covered by the buyer in such instances. Please advise!
Customer: replied 1 year ago.

Prior to the contract being finalized. I signed a sales slip with the price I wanted, $34750 OTD (out the door). I never received a copy of that paper, but that is the only piece of paper that has that OTD price with initials on it.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Tom.

This paper that you signed, does the dealer still have it, or you have no idea if such a document even exists?
Customer: replied 1 year ago.

Not sure. I would imagine they would "have" to put that in their records files for every deal. My wife was present at the time as well. It was a 2013 Buick LaCrosse, a little 6600 miles on the vehicle. Now they told me it was a new vehicle by year, but used due to miles making the vehicle the price it was. They said being used taxes would be build in the price. I just find it funny the length of time they waited to tell me about taxes. Also the fact the didn't want to play ball and said I was a "liar" and it was my vehicle my problem. A day after my bank gets a hold of the them willing to try and settle this.

Expert:  Dimitry K., Esq. replied 1 year ago.

Tom,

Thank you for your follow-up. What you are describing appears to be an example of a 'bait and switch' tactic to change the conditions of the sale once the sale is concluded. That happens to be a state violation, and one that you may want to report to the Attorney General's consumer protection division. You may want to contact the VP and explain that if they do not cover the costs, the next call will be to the AG's office. That won't be extortion because you are not forcing them to do something they shouldn't do, but something they contractually obligated to you. This is a tough situation to predict however since taxes are almost never included in the price, so what would govern is the intent and understanding of the parties--so if you can show that you had such intent, and that you purchased vehicles in that way in the past, you would understandably prevail, especially because typically taxes ARE included in your financing (if you financed). So if they refuse to budge, go to the AG's office, pay taxes on your own temporarily so you can get the license plate, and sue them in small claims court for breach of contract and for fraud.

Hope that helps.

Customer: replied 1 year ago.

Is from a legal stand point, OTD (out the door) price, one that would be understood to include taxes? If so, if I ask for the paper signed with OTD on it, would that help my case, and if they didn't produce it, would that decrease my changes of winning?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Tom.

From a legal standpoint OTD would NOT include taxes but would include the cost of the car, all fees owed to the dealership, and all costs pertaining to additional insurance or warranty. Since tax is owed not to the dealer but to the state, OTD is not usually seen to include that amount. What would help your case here is your understand of what OTD meant to you, and if the other party likewise shared your understanding, or claimed that when you signed up, that was their understanding also. That document would not really help, what would help is where the terms of the sale would be explained in writing. This is why the N/A listing may be quite helpful to you--you could argue that by putting it, you reasonably assumed they would cover it and not you.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38354
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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