Thread: Legalities Blow
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      11-28-2012, 10:16 AM   #1
Mech Engr
c_ozanich's Avatar

Drives: 2011 135i 6MT
Join Date: Sep 2012
Location: Aiken SC

iTrader: (0)

Legalities Blow

I am looking for input on my current situation, I'm talking to lawyer later today but here's my story:

I live in northeastern Ohio, I searched high and low and ended up purchasing my 2011 135i (M package, AW with Coral Interior--so gorgeous) from a dealership in North Carolina (Planet Auto Imports)

It took roughly 3 weeks of dealing back and forth, I ended up signing for the car and putting $5000 down on September 29, 2012. Another 2 weeks went by before shipping was arranged, I received the vehicle. It was phenomenal and I instantly fell in love

When they sent the car, the truck picked it up a day early-I got the vehicle peppered in tar and un-detailed, no temp tags, and only one Key FOB. I talked to the salesman and he said dealership would reimburse me for the detail error and send the memorandum title right away, I thought all is good. After driving with a temporary tag I purchased, I put roughly 3000 miles on it (brakes started squealing badly after 1200 miles--haven't looked at it but I guess thats a known issue with them, I told dealer they needed changed though in an allusion that they sold me a product with undisclosed information)

I attempted to register the vehicle at my local BMV. The BMV informed me that they had charged me title fees but did not title it, that they should have not charged me sales tax (said I should have paid BMV when I got the car) and in overlooking the paper work again I noticed that they only charged me 3% sales tax when I distinctly told them on 3 different occasions that my county's tax rate is 6.5%

Enter big brother government saying that it has to be paid. Understandable, its law. I contacted my salesman and the managers for 3 weeks before getting an answer/response at all.

Yesterday I spoke with the financing manager who informed me that I was liable to pay the excess tax (another $1200) by saying I signed to pay the taxes. I rebuttled that I signed to pay the fixed amount of tax and that the dealership needs to eat the cost out of the earnings on the vehicle because I informed of the correct tax rates and it was their error. He told me they would not release the title until I have paid the taxes--I then questioned why it took 5 weeks of me having the car and me contacting them before this was brought to light and he started to ask if I was ok that someone might lose their job over this (and other bs guilt trip crap) I told him that if an employee doesn't generate more than that in an annual revenue that they should be fired becuase they don't benefit the company anyway.

The dealership owner is calling me today supposedly, I took one law class in school and it covered interstate contractual disputes but nothing to this level of specifics. Can anyone verify that I have a legitament claim/argument here? I can pay the money if I'm wrong but I honestly don't think I am/should have to. I love the car and would be happy to keep it, but I'm debating telling them to go pound salt and get their car out of my garage