I am the power of attorney for a very sick aunt. I made an oral agreement to sell her car to one of her nieces. The sale price was $6,500. On the DMV paperwork, I listed I sold the car for $1.00 to avoid them paying a NYS sales tax on the whole amount. I received a down payment of $400 and ten payments of $150 each month. Then they stop making payments and refuse to make anymore as they claim I sold them the car for $1.00. What recourse do I have. Do I take them to small claims court. I have nothing in writing. Help.
2006-10-15 13:22:31 · 5 answers · asked by u100aar 1 in Business & Finance ➔ Other - Business & Finance
you cannot do anythign about it, and for peopel who say this is cheating on taxes..didn't the original owner already taxes when they purchased the car, shoudl the car be taxed again i thought you could not be taxed twice?
2006-10-15 17:42:40 · answer #1 · answered by sevenout7 4 · 0⤊ 0⤋
By all means, go thru the small claims court route. I don't know what NY charges for filing, but its probably under 200 bucks. Lay out everything you can document (dates, times if you remember them, names of any witnesses (even after-the-fact witnesses), any paper you still have on the car, get hold of maintenance records from your aunt's stuff, original bill of sale, etc, etc.). If you can find similar cars listed in local papers, buy & sells, car lots, get a list of prices. The judge will take this into consideration, since $1.00 is not a reasonable price for any car. You may have to compromise on the price that the judge determines to be fair, but the good news is, your deadbeat cousins will get nailed by the state for the taxes on the full amount.
2006-10-15 20:35:18 · answer #2 · answered by nyninchdick 6 · 0⤊ 0⤋
yeah, it sounds like you took one for the team there. you did something nice for someone, and they took advantage of you. you have to have a written contract w/ both signatures plus the signature of a witness if you want to win a case in court. i'm assuming you've already talked to the niece about it. if you are willing to talk to her again, just be nice, and remind her that she agreed to pay the $6500, and of the reason why you put on the paperwork that you sold the car for one dollar. she should already know that, but you can try to persuade her to be a better person and pay the price she agreed upon paying. sorry...
2006-10-15 20:29:48 · answer #3 · answered by all the same eternity 2 · 0⤊ 0⤋
That is great to hear, I love when tax cheats get caught. That money belongs to the People of your state, maybe next time you won't be a tax cheat.
2006-10-15 20:43:05 · answer #4 · answered by tcmoosey 3 · 0⤊ 0⤋
at least u dont have oral herpes.U GOT SCREWED!!!!! HAHAHAHHAHAHAHAHAHHAHAHA
2006-10-15 20:24:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋