Legal Question in Consumer Law in Georgia
I recently purchased a truck I put $3000 down and the sales price was $8999. After the dealer took the money out of my check card he informed me that in the state of Georgia I was required to pay the tax and titled fee which totaled $742. When I told him that I could not give him any more money he said that I could just pay a little extra each month until it was paid off. My contract agreement was to pay $140 twice a month, which I have done and have recipes to prove it, but after my wife lost her job I told the man I could not pay an extra $100 a month toward the $742 on top of the $280 payment I was making. Now two weeks ago he told me that I was over $1000 behind on my payments and he took the truck from me. I have all the reciepes to prove that I have made my regular payments so the only thing I can determine as to how he came up with me being that much behind is that the first payments I was making was all put toward the balance owed for the tax and titled and not for the truck payment. My question is does the law require a dealer to deduct the tax and title fee from the downpayment or add the fee to the amount being financed and if so would the contract be voided and can I take him to court and get my money back?
2 Answers from Attorneys
You leave out the most important details - what does your contract say? We don't have it.
You told us everything except the one fact that matters - what does the contract say? In every car purchase there is a sales tax (and a cost to get a title). As to when you pay it, that depends on the contract language. If you violated the contract, then your problem is not suing someone else. It is that YOU will be sued for additional money, a deficiency, in most cases. If you did not violate the contract, see a lawyer.
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