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  • abacomikeabacomike Member Posts: 12,388
    You simply need to return the car! As for Ally Bank, the dealer and you should be dealing with Ally Bank! If Ally never sent you a welcome letter or an account number it is up to Ally to prove that they sent you that material! Just void the deal and return the car, and then deal with Ally Bank! Or, you can keep the car and have the dealer deal with Ally Bank and the new bank!

    Quite frankly, I would go and see a civil lawyer to find out what possible case you might have against the dealer!

    As for not getting angry, I agree! You should be as nonchalant as you possibly can!

    2024 Genesis G90 Super-Charger

  • qbrozenqbrozen Member Posts: 33,740
    I don't see how you can return the car. You signed the contract and its completely enforcable.

    The only thing in your corner right now is the dealer not wanting an upset customer. As Rick said, be nice. They honestly don't HAVE to help you if they don't really want to.

    How is the interest rate on the loan they did get you, though? If its just as good, I see no reason to go through this trouble.

    If Ally is giving you a better rate, ask them if they will just refinance the loan that the dealership acquired for you. I know my credit union doesn't care if its a refinance or not... the rates are the same.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • abacomikeabacomike Member Posts: 12,388
    I don't see how you can return the car

    He said that the dealer was willing to take the car back! If the dealer is willing to accommodate him like that, he should definitely take them up on that. He now has a "late" payment issue with Ally Bank. He needs to contact Ally right away about that. If he did not know which bank he was being financed through at the dealership, that is fine - that happens all the time. But they must notify you within a reasonable time that a payment is due and where the payments must go.

    So, someone blew it - either the dealership or Ally Bank. That is why I would talk with a civil lawyer - first to find out any recourse he has, and secondly, to protect himself from further issues. I'll bet an attorney would be willing to take this, assuming there is enough evidence that "due notice" was not provided by the dealership and/or the bank!

    2024 Genesis G90 Super-Charger

  • riz3riz3 Member Posts: 3
    Hi, I just bought a camry se in new jersey and heard that I should have only paid sales tax on the difference between the car price and trade-in allowance (my trade-in did have a payoff on it though). The sales tax in my contract is for the full car price (7%). Should the tax have been calculated on $22,134.41 - $17,000 = $5,134.41?

    Car Price $22,134.41
    Sales Tax $1,549.41
    Trade-In $2,366.00
    Downpayment $3,000.00
    Doc Fee $299.00
    Registration $299.00
    Title Fees $22.25
    NJ Tire Fees $7.50
    Loan Amount $18,945.57
  • riz3riz3 Member Posts: 3
    To clarify, the trade-in allowance was $17,000 and the payoff on it was $14,634, so the net amount I got from it was $2,366. So should tax be calculated on

    a) Car Price = $22,134.41
    b) Car Price - allowance = $22,134.41 - $17,000 = $5,134.41
    c) Car Price - net_trade_in = $22,134.41 - ($17,000 - $14,634) = $19,768.41

    Thanks!
  • Kirstie_HKirstie_H Administrator Posts: 11,242
    I'm not specifically familiar with NJ, so your best bet is to call your local DMV to be sure, but...
    In the states I AM familiar with that let you pay sales tax on the difference only, the payoff amount is irrelevant. They just take the new purchase price, subtract whatever the trade-in allowance in is, and you pay tax on that difference. In your case that would be scenario B. The state doesn't care who the trade-in money goes to.

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  • qbrozenqbrozen Member Posts: 33,740
    edited May 2012
    Your first calculation is correct. In NJ, you only pay tax on the difference, regardless of your payoff on the old car.

    The only exception is if the old car was a lease. Reason being, on a lease in NJ, you have not paid the sales tax on the leased car (you pay sales tax on each payment).

    If they made a mistake on the tax, its not a big deal. They just need to give you the money back.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • riz3riz3 Member Posts: 3
    Oh, yes, it was a lease. They treated it as a trade-in for the purchase of the new car though.

    I leased the car in California though and moved to NJ about 8 months ago. My payments didnt change after the move, so I would have been paying sales tax in whichever way it was calculated in California.
  • kyfdxkyfdx Moderator Posts: 266,064
    No credit for the trade-in against your taxes for a lease, generally.. and, definitely not if you paid your lease taxes in California (which only taxes the monthly payment)..

    So, yes... it can be treated as a trade-in, but no... no credit against the sales tax on the new car in NJ..

    Sounds like they did it right..

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  • rickhassoldrickhassold Member Posts: 26
    Everyone here is correct, there isnt a tax benefit on a lease. You did pay SOME salestax to California, and maybe NJ, based on each monthly payment which equals the amount of 'car that you used'. The tradein tax benefit is for people that gave the state a lot of sales tax when they bought it, and now get some of it back in essence because they didnt keep the car its entire useful life. In simple terms, you however didnt pay very much sales tax, thus dont really get to use that as an excuse to not pay it this time. Its a USE tax, and used your lease, so that part cant be credited to you.
  • Kirstie_HKirstie_H Administrator Posts: 11,242
    Bingo! To everyone who responded. The fact that it was a leased vehicle, instead of a purchased vehicle, makes all the difference in the world. Thanks to everyone who helped solve this consumer's dilemma!

    MODERATOR /ADMINISTRATOR
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  • robr2robr2 Member Posts: 8,805
    Except that nobody took into account the following: how did he trade in a leased car??

    OP - did you buy it before trading?
  • kyfdxkyfdx Moderator Posts: 266,064
    It's easy to trade in a leased car... They all have a payoff amount that the bank is willing to accept, in exchange for the car..

    It's no different than if you have a financed car... If the dealer puts a higher trade-in value on it than the payoff, then you have equity...

    Some banks won't let you sell your car to an individual, but I've never heard of an instance of where they won't let you trade it to a licensed dealer..

    I did it with my first three leases..... though, I've turned in the last four or five...

    regards,
    kyfdx

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  • wordsworthwordsworth Member Posts: 5
    I just bought a pickup to replace my GTI as a second car thinking because my GTI was low mileage and like new condition I would not have a problem selling it - WRONG! Even though I priced it below the private party price on KBB I never had any calls. I then advertised the truck with the idea of selling either one. I did get several calls on the truck and three showings with one lowball offer. I would rather sell the VW as that was the original idea but was wondering if that model is particularly hard to sell even in top shape. maybe this is just a slow molnth for car buying, but as I menmtioned I am getting interest in the truck. Now I don't know whether to drop the price on the truck below what I paid just to relieve me of the liabilty.
  • qbrozenqbrozen Member Posts: 33,740
    I'm not a dealer, but I'll chime in anyway.

    It really depends. KBB is not a good yardstick. If you want to give more details, I can give you a better idea of what its worth. I'm guessing it is a relatively new one (??), which makes private party selling more difficult because the large majority of newer car buyers are going to go to a dealer where they can work on nailing down a monthly payment using in-house financing.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • sfukrsfukr Member Posts: 13
    I'm currently looking for a low mileage GTI. Please post details like color, 2 dr or 4, dsg or manual, mileage etc etc. Might be interested.
  • wordsworthwordsworth Member Posts: 5
    edited June 2012
    This is a two door 2008 GTI. 38K mi., with 6speed manual trans currently listed in Autotrader in zip code 85118. Trader ID is AT134-B6F26. Priced at $14750
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    edited June 2012
    Price is good --fair enough---not sure what the problem is, other than the usual supply and demand equation. :confuse:

    Well, it might be the color, no sun roof, or your zip code, etc. Also maybe too much information in the ad. You sound a bit anxious.

    Small nit=picky comments I know, but that's all I can think of. But it's not the price.
  • sfukrsfukr Member Posts: 13
    Sorry. I'm in need of a 2010 4dr with dsg.

    Thanks and good luck with your sale. Sometimes it takes awhile. Hang in there.
  • wordsworthwordsworth Member Posts: 5
    Thanks for your responses. Holding out for a 4 door is smart. Even though I don't carry passengers in back, a 2 door is so inconvenient in accessing cargo. Don't know about the DSG as I have heard good and bad but I have been very happy with the stick shift as it shifts very smoothly and quickly.

    Business in general in the Phoenix area is slow right now, so maybe its just that. Also it could be that my description is too detailed, I'll try amending it and see what happens. Also it is priced at below even the Edmunds PP price, so maybe that makes buyers suspicious.
  • billy3554billy3554 Member Posts: 148
    There is a tax benefit from trading in a car leased in Maryland when buying a new car in Maryland. That is because, as you implied, full tax was paid on the leased vehicle. I did this on my last purchase and saved about $1,200 in taxes over what I would have paid if I had turned the leased vehicle into the dealer as a lease return. I lost about $200 on the trade value over what was owed but the net was a savings of $1,000.
  • qbrozenqbrozen Member Posts: 33,740
    edited June 2012
    well, price seems reasonable. I think your description is fine. I, however, would be asking you if you've changed or at least had the fuel pump cam follower inspected yet. But that's me.

    I see it has only had 62 views. Negating your own and several from this board, that's maybe 50 people looked at it. Not alot at this point. How long has it been up there?

    Like I said, I think this is a matter of the car's value. It is much much tougher to sell 5-digit cars private party. Most people are too lazy to go get their own financing, etc. A dealership offers taking care of everything right then and there for you, and that's a tough to compete with. You just have to be patient.

    If you haven't already, I would also list it on Craigs, as well as the free Ebay classifieds.

    Did you see what the Autotrader instant offer is on it? I'm curious. I would guess around $13k, but you never know.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • Kirstie_HKirstie_H Administrator Posts: 11,242
    Might also want to swing by Carmax and see what they offer. Seems like a good vehicle for them - used but not too used, low mileage. Probably worth the 20 minutes it'd take.

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  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    edited June 2012
    I did an "average price check" on Autotrader and you're below that. Yes, I would delete some of the info, even consider raising the price to $14995 (that way, anyone searching under $15K will still see it) "or best offer".

    I wonder, too, if your zip code isn't the right place for this type of car.

    As others have stated, your price point is tricky, because most people can't write a check for that amount, and getting a loan on a used car can be harder than for a new car.
  • wordsworthwordsworth Member Posts: 5
    I had not thought about zip code and did not even realize that AT did a "buy it directly" program. I logged onto it, and when I put in my zip code that was the end of it, so I put in my office zip code (about 30 miles away) and I received a "pending offer" response. Strange, as I live in an upscale neighborhood and my office is located in quite the opposite.
  • padoodiepadoodie Member Posts: 2
    i would like to trade in my 2009 hyundai elantra that has 29K mileage & i currently owe $7,900. i was told that if i trade in this car w/a balance, that the dealer will add my current loan to my loan of my new car? is this correct/
  • Kirstie_HKirstie_H Administrator Posts: 11,242
    Not necessarily true. If you trade in your Elantra, and it is worth MORE than $7,900, then your loan is paid off. It is like selling the car privately - if you sold it for $7,900, then used that money to pay off your loan, your loan balance would be $0. You are basically selling your Elantra to the dealership.

    If your car is worth LESS than $7,900, then the difference between $7,900 and what you get for it would be added to your new loan. For example, if you traded it in for $6,900, you would have to either pay $1,000, or have it added to your new car loan.

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  • padoodiepadoodie Member Posts: 2
    hello. is GAP insurance available on leased cars? I have always financed my cars and purchased GAP insurance. What happens if a car is leased and the car is totalled?
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    edited July 2012
    short answer---yes, you can get GAP insurance on a lease and in fact, it is often required by the leasing company.

    You can find this information right here on the Edmunds site:

    GAP INSURANCE--HOW IT IMPACTS YOUR CAR LOAN
  • carstrykecarstryke Member Posts: 168
    edited August 2012
    Where on earth do they get so many newer vehicles with low miles on them from?

    I understand alot of vehicles come from rental fleets, but do alot of people default on loans or trade in newer vehicles or whats the scoop.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Off lease auction sales I would guess, plus, as you say, trade-ins.

    I have heard from salesmen friends (anecdotal, so can't verify) that in their stores they estimate that about 1/2 the people who buy new cars are trading in cars that they still owe money on---so in other words, 50% trade in prior to the term of their loan (which is usually 5 years).

    They also tell me that perhaps 1/4 of those people (not sure if they meant 25% of the 50%, or just 25% of everyone buying a new car) are upside-down in their loans, and blend the old loan into the new one---yikes! :surprise:
  • 510taurus510taurus Member Posts: 1
    I recently purchased a car from the dealership in may 2012 and everything was fine. I'm a first time buyer so when my plates and tags hadn't arrived i was thinking it just needed more time. then my insurance sent me a letter of cancellation for failure to send registration, yet i hadn't received my registration yet. so i went to the dealership and they said the DMV sent a notice of my make and model being recalled and need to be certified. remind you that was in June 2012 and the dealership failed to mention or call me regarding that, only because i showed up was i informed. so i took my car to a certified dealership to get checked out it passed and i returned to my dealership with the proof of corrections. Finally my car has been registered and i barely received a call today 08/10/12 to pick up my plates and registration, yet they told me i have to pay an additional $226 before they hand them over. i already paid for registration in the contract. And to top it off i just received a notice from DMV for renewal of registration for Oct 2012. I'm confused why am i paying all this money to the dealership if i have to re register it in Oct. i payed $250 in contract and they want $226 now and in Oct my renewal is $169. The dealership is unprofessional they even typed up my contract with the wrong spelling of my name they fail to contact me for anything i have a feeling that something is going on and they are trying to hustle me. please help should i pay them the $226 or not?
  • boomchekboomchek Member Posts: 5,516
    I wouldn't. I'd complain to your local consumer protection office or dealership licensing body (if there is one).

    Sounds like the whole deal was a big mess from the start.

    2016 Audi A7 3.0T S Line, 2021 Subaru WRX

  • bolivarbolivar Member Posts: 2,316
    I bet the $250 he paid was a Document Fee, not Tag/Title Fee.....
  • dhammerdhammer Member Posts: 13
    We leased and took possession of a new vehicle last weekend. Today we get a call from the dealership saying we needed to come in to sign a new contract, apparently they had us signed the wrong contract. If we weren't all that crazy about the vehicle after a week, could we return the vehicle?
  • obyoneobyone Member Posts: 7,841
    No.
  • Kirstie_HKirstie_H Administrator Posts: 11,242
    Well, if the new contract has different terms, then usually you have the option to sign a new contract OR negate the deal. They can't force you to sign different terms.

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  • dhammerdhammer Member Posts: 13
    Thanks for the info everyone...we're heading over soon, so we'll see.
  • seekxpertiseseekxpertise Member Posts: 1
    I am seeking your expertise as to what transpired here and would appreciate your knowledge.

    Dealer A - New York - takes vehicle as trade on new car purchase. Traded vehicle is not same brand as dealership. Vehicle is listed for sale @ maximum Black Book Retail value (Extra Clean) of $34,000 Lists vehicle extensively on the internet for approx. 2 weeks (weeks 1 & 2 of August) Had made an offer within Edmunds TMV, Black Book 3rd week of August, which was refused. Would only go down $900. 4th week of August vehicle is removed from sale.

    At the 4th week of August, Dealer B - Delaware, located 3 states away, now has this vehicle and is listing for the same price as Dealer A. Dealer B as well is not the same brand as used vehicle.

    What transpired here --- Just wishing to understand. Both dealers are asking the same price. Is this a pre-auction move, swap or what? Thanks for your input .
  • robr2robr2 Member Posts: 8,805
    Dealer A probably sent it to auction and Dealer B bought it. Dealer B is trying to sell it at the same price and may wind up accepting less or sending it off to auction in a few weeks.
  • qbrozenqbrozen Member Posts: 33,740
    could be the dealerships are related and the owner wants to try selling it in a different market.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • boomchekboomchek Member Posts: 5,516
    Like others pointed out could be a few scenarios:

    -vehicle sold at auction and bought by dealer B

    or

    -vehicle swapped or traded/sold to other dealer, as both dealerships may be owned by same auto group/owner.

    Both scenarios very common. Sometimes vehicles that might have no action in one geographical area may do very well in others hence the same asking price.

    Reason your offer was not accepted was maybe because it was too low or below cost what the dealer acquired the vehicle for. Although kbb and edmunds may be great pricing guides, the actual prices paid for vehicles may vary greatly due to other factors:

    -dealer paid more for trade in than they should have to get the deal done
    -dealer may have put money into the car for reconditioning, raising the cost to way over book values
    -dealer knew they can sell the car at auction for more/same than you offered but it's easier selling to another dealer due to decreased liability than selling to a end user.

    2016 Audi A7 3.0T S Line, 2021 Subaru WRX

  • kevpa1kevpa1 Member Posts: 1
    Is it possible to get a military clause in a lease incase they send me oversease, so i can return the car early?
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    "TERMINATION OF AUTOMOBILE LEASES DURING MILITARY SERVICE: The SCRA allows military members to terminate pre-service automobile leases if they are called up for military service of 180 days or longer. Members who sign automobile leases while on active-duty may be able to terminate an automobile lease if they are given orders for a permanent change of station outside the continental United States or to deploy with a military unit for a period of 180 days or longer."

    So it looks like it does not apply to actual purchase of a car. Also the dealership is not the financial institution that carries the lease, so the dealer might not know about the SCRA.
  • robsbrownrobsbrown Member Posts: 1
    I recently sold my vehicle to a dealer. I still owed on it, so the bank had the title. The dealer has paid the bank but has not paid me (until the they get the title). Meanwhile, they had sold my vehicle within days. I don't understand how they can hold my payment because they don't have the title, but can go ahead and sell the vehicle. This doesn't make sense to me - am I wrong?
  • qbrozenqbrozen Member Posts: 33,740
    it happens all the time. They don't have titles on hand for new vehicles they sell, so I'm not the least bit surprised they would do it for a used one.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    your finance institution has to sign off on the title to release the lien, so the dealer isn't about to pay you just yet; as for selling the vehicle, that's done on temp tags. Nonetheless, this should be moving along quickly so don't let them drag their feet. Sometimes papers fall behind desks, (not literally but you know what i mean). Goose 'em a little in a couple of days.
  • robr2robr2 Member Posts: 8,805
    They don't have titles on hand for new vehicles they sell

    Correct me if I'm wrong, but dealers never have titles for new cars. They have manufacturer certificates of origin which get converted into titles by the state. The state issues the title, not the manufacturer.

    In this case, I could see it happening. The title isn't needed until the vehicle is registered.
  • qbrozenqbrozen Member Posts: 33,740
    Well, I'm not sure of the details, but we agree they don't have them.

    I'd bet it happens pretty often on used cars. Could take a couple of weeks to get the title from the lending institution they paid off, and having the car sit there all that time is costing them money.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • freddiespeedfreddiespeed Member Posts: 1
    Edmunds and edmunds members , i really need your help , im new and i want to ship three cars as i'm moving from my home town. I have been in so much headache trying to get this done. I want a reliable carriers that won't scam me and ask for that much money like those shipping companies
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