Need Help Understanding How to Title in GA | FerrariChat

Need Help Understanding How to Title in GA

Discussion in 'South Central - USA (TN, MS, AL, GA)' started by bcwawright, Aug 5, 2015.

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  1. bcwawright

    bcwawright F1 Veteran

    Jul 8, 2006
    5,234
    Georgia
    Full Name:
    Bruce
    I am planning on purchasing a car from an Individual in Louisiana. He purchased the car from a Dealership in CA and has had it in LA for about 5 months and never applied for a LA Title.

    I went to the local tax assessors office yesterday to inquire about getting a GA Title and Tags and they said I would not be able to get a GA Title, IF the Name of OWNER on the CA Title was in the Dealerships Name and the Bill of Sale was from an Individual in LA.
    They said it makes no difference if on the back of the Title is this Individuals Name.

    Is this correct? If so, then how can it be resolved.

    I am really confused about this and hopefully someone with a legal background can help me.

    Thanks!!!
     
  2. Lanikai

    Lanikai Formula Junior

    Dec 18, 2003
    751
    Atlanta, GA
    Full Name:
    Will Campbell
    That's skipping title. Not a good thing in the eyes of the state. If he isn't a dealer he needs to register the car and pay the tax. Sorry but sales tax is a big deal and you would regret the purchase if they came after the car for back taxes.
     
  3. henryr

    henryr Two Time F1 World Champ
    Silver Subscribed

    Nov 10, 2003
    21,689
    Atlanta
    Full Name:
    Juan Sánchez Villa-L
    ^^^ your boy is trying to jump title
     
  4. bcwawright

    bcwawright F1 Veteran

    Jul 8, 2006
    5,234
    Georgia
    Full Name:
    Bruce
    Will and henryr I really appreciate your response..

    If the back of the CA title is not dated and the buyers section has not been filled in can my name be inserted and it will be ok?

    I don't think the local tag office requires a "Bill of Sale" if the back of the title has my name filled in the buyers section.

    Am I just trying to hard to buy this car???.....LOL
     
  5. Lanikai

    Lanikai Formula Junior

    Dec 18, 2003
    751
    Atlanta, GA
    Full Name:
    Will Campbell
    In the dealer world that would be a bad idea so we wont buy a car with a skipped title. It's impossible to know if something like this wont come to light down the road. All too often, it does.
     
  6. GuyIncognito

    GuyIncognito Nine Time F1 World Champ
    Silver Subscribed

    Jun 30, 2007
    92,052
    yes, you are :)

    if the seller wants your money, make him do things properly. no sense in buying someone else's liability.
     
  7. bcwawright

    bcwawright F1 Veteran

    Jul 8, 2006
    5,234
    Georgia
    Full Name:
    Bruce

    I was afraid I had the dreaded "got to have it" disease.....last thing I need right now is buy someone else's liability. THANKS!
     
  8. bcwawright

    bcwawright F1 Veteran

    Jul 8, 2006
    5,234
    Georgia
    Full Name:
    Bruce

    Thanks Will......Guess this deal is off since seller is not wanting to do it the right way.
     
  9. Dan Germouse

    Dan Germouse Rookie

    Feb 21, 2011
    32
    I presume you could, if you desired, register the car (non-title - which is Ok, depending on the age of the car) with GA and pay GA state sales taxes (so you would be squared away with this state)

    I don't see how you would be liable for LA taxes?

    Of course, you would now have a car without a title, just a bill of sale & registration. As I said, depending on the age of the car that may, or may not be acceptable.
     
  10. cheesey

    cheesey Formula 3

    Jun 23, 2011
    1,921
    technically the title is a bill of sale...

    if the dealer signed the title in blank leaving the owner open, you could insert your name as the purchaser, all should be good... properly executed title trumps all, you should take the title to CA and have it reissued to you ( as insurance all CA claims have been cleared and settled ),

    the trouble begins in trying to clear up whose taxes are owed, it has been 5 months since date of sale... out of state sales usually are exempt to allow the home state to capture the sales tax and avoid double taxation...

    the main issue is taxes and who owes them and what other potential claims there could be... the amount of potential tax and other liability is not worth the effort jumping through hoops, best to move on to a car with clear title history
     
  11. bcwawright

    bcwawright F1 Veteran

    Jul 8, 2006
    5,234
    Georgia
    Full Name:
    Bruce
    UPDATE: I was just informed the seller did not buy the car as an individual....he has a used car dealer registration with the Louisiana DMV and the car was bought thru his used car company and his used car business is listed as the purchaser on the CA title....

    Does all of this give me a green light now?.....LOL
     
  12. chnco

    chnco Formula Junior

    Dec 20, 2014
    455
    Atlanta, GA
    Full Name:
    Allen C
    You are fine the way it is right now - it's just a matter of ensuring proper ownership history if you want to fix it.
     
  13. cheesey

    cheesey Formula 3

    Jun 23, 2011
    1,921
    he needs is to endorse the title to you, as the selling dealer ( make sure his La dealer number is included)

    Ca or La should not be collecting any sales tax as both sales are to dealers and out of state. States have a form or Affidavit for a retail sale to an out state purchaser which essentially absolves either party from paying sales tax in the sellers state ( avoids double dipping )

    both endorsements are from dealers, taxes are no longer an issue, take the properly executed / endorsed title to Ga and you should be good to get a Ga title
     
  14. henryr

    henryr Two Time F1 World Champ
    Silver Subscribed

    Nov 10, 2003
    21,689
    Atlanta
    Full Name:
    Juan Sánchez Villa-L
    Under the Uniform Commercial Code, a sale is complete even though formal title has not transferred — the retention of title is viewed as the retention of a security interest. If the buyer fails to pay, you have to sue to foreclose your security interest and recover the car. If the car has been resold, you still have to chase after it.

    copied from SCM mr draneas
     
  15. Lanikai

    Lanikai Formula Junior

    Dec 18, 2003
    751
    Atlanta, GA
    Full Name:
    Will Campbell
    As long as he signs off on the back as the dealer, not an individual and as long as he provides documentation of his current status as a dealer, you are good to go. Just make sure you have both of those items when you go to the DMV.
     
  16. bcwawright

    bcwawright F1 Veteran

    Jul 8, 2006
    5,234
    Georgia
    Full Name:
    Bruce
    Thanks to all for giving me great advise....nice to have such knowledgeable members that are willing to help out!
     

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