Tax Credit Scam?

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Superorc

New member
Joined
Aug 21, 2011
Messages
3
Location
Elk Grove, CA
Advice to prospective LEAF buyers if the Federal and State tax incentives are important considerations of your LEAF purchase decision - Make sure you will be the original owner of the LEAF before you start the negotiation process even the dealership tells you the available LEAF is an orphan.

Read our experience with the Folsom Lake Nissan below.

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We ordered a 2012 Glacier Pearl SL on line and we sent out the request for orphan 2011 model to the local dealerships in Sacramento. On August 25, 2011 we were contacted by Nissan of Folsom Lake about a 2011 Glacier White SL orphan. The dealer was willing to sell the Leaf for $385 under MSRP after several rounds of negotiation via email. The sales guy mentioned that the car just came in and preparation was needed in the shop. He said if we sign the contract Friday (8/26/2011) evening, the car would be ready for pick-up Monday (8/29/2011). We thought it sounded good so we drove to the dealership after work Friday. We looked at the car in the shop and it looked fine. We agreed to buy the car.

The first negative experience was the financing guy pushing a 96 mons/100,000 Gold Premium extended warranty for $3,997. When we said it was too expensive he gave us a "wholesale" quote of $2,997. He kept pushing the extended warranty for another 15 minutes. He really had our best interest in mind because new technology could be very unreliable. When he finally stopped pushing it, we continued with the paperwork and signed a few pieces of paper such as the contract language, DMV title, and a $500 restocking fee form in case we return the car. We thought it was common for dealers to try to make a few more bucks to sell extended warranty so we thought it was annoying but accepted it as common practice. We didn't quite understand the restocking fee thing but since we have no intention of returning the car so we just went along.

Then the financing guy showed us a Used Car form and asked us for signatures. We were totally blind-sided when he said they had to sell the car as a used car. When I asked for an explanation, he said the car was a return from a customer therefore they have to sell the car as a used car. I told him we must have a mix-up with the paperwork. I told him that the sales guy said the Leaf was an orphan, not a return so we must be talking about two different cars. The financing guy called the sales guy into the office to talk to us. Then the sales guy told us that this car was originally ordered by someone and the car was picked up. However, the buyer drove the car around for a few rounds and decided not to like it. I had to asked several times before they said the previous buyer has done more than just driving the car around for 40 miles. The person that ordered the car had actually taken legal title of the car. The sales person then had the audacity to tell us that Nissan would register the car under that person's name automatically as part of the on-line ordering process before the car get to the dealership. Fortunately we have already talked to a few dealerships and reading this forum to know that were all B.S. This dealership have to sell this leaf as a used car because the car was pre-owned. I asked them what would happen to the $7,500 federal tax credit under this scenario. They said they don't know. Of course by this time, my husband was hot that the sales guy made a critical omission of the "pre-owned" fact when he sold us the car. Both of the sales and financing guys also avoided my tax credit question. We of course stopped the transaction at this time. I told them that we are not going through with the transaction until I know I could still get the $7,500 tax credit.

When we read the tax credit qualification criteria again after we returned home, it is pretty clear to us that the person must be the original owner of the car to claim the credit. The more we thought about this, the more we think this could be a tax credit scam. Who in the right mind would go through all of the car buying paperwork to take title for a day and then pay a $500 restocking fee to return a Leaf after 40 miles of driving? There is no way a dealership would allow someone to take the car home unless all the purchase contract is all signed. 40 miles isn't enough for someone to decide it was the wrong car; that could be the distance of a extensive test drive. The previous buyer probably just want to own the car for one day to claim the tax credit. The fact that the dealership did not bring up the tax credit issue and acted ignorant about the tax implication of the "pre-owned" Leaf also made me question their practice. The fair market value of the car should be at least $7,500 less and they are trying to sell us this "pre-owned" car as a brand new car. Getting a tax credit of $7,500 and selling the car for a brand new price plus $4,000 of extended warranty is a very sweet deal, don't you think? :twisted:

We definitely won't do business with this dealer again. At a minimum, they are not being upfront with the title of the car and the tax credit implication for the pre-ownership. :cry:
 
I remember when I bought my Leaf that it took a while for the title to come in the mail. I don't remember if it came together with the plate or separately. I just remember the plate taking a LONG time to arrive, easily 3 or 4 weeks.

So the question is how long did that buyer wait before he returned the car, and what is the return period allowed? I wonder if the titled hadn't been issued and sent in the mail yet before the return happened, couldn't the dealer have sent in a cancellation request for the title to be issued or not? I think buying back a pre-owned car and accepting a return of a brand new car with a $500 restocking fee should be 2 different things.

Something tells me that the dealer is possibly in cahoot with the buyer to orchestrate this scam.
 
I don't see a tax scam here. If they bought the car and sold it the next day to another buyer they should qualify for the credit. If they returned it and the paperwork was cancelled and title cancelled they would have a tough time proving purchase as the sales contract would be required as well as a cancelled check but it could be pulled off. Unfortunately side it was returned and sold as used under the law it does not quality for any credits for the new buyer so they can't keep doing this.
 
i would walk from any dealer who isnt up front on key details.
I expect to have them try to sell me everything from underspray to a warranty that doesnt really originate on an electric car. I just say no.
no and no.
they get it pretty quickly.
I dont sell them my used car, I go to a used car lot.
But I will walk immediately away when the first dishonesty surfaces.
 
superorc: I think you did the right thing by walking away from this deal. Someone (either the previous owner or an employee @ the dealership?) will probably claim the $7500 Federal Tax Credit for this vehicle. The dealer should certainly have been able to tell you whether or not you would be eligible for the $7500.

The whole thing smells rather fishy to me.

So--you're probably disappointed that you don't have a Leaf right now; but, there are "orphans" available quite regularly now from various dealers, especially in CA. Most are being offered at or close to MSRP.
 
Car dealers hold the title application and when a car is returned quickly they cancel the whole transaction and can still sell it as new. I bought a Honda this way and I was titled as the first owner even though another buyer had it for a few days and their deal fell through. If the car was titled there would be absolutely no way the dealer would take it back at full price. I suspect the dealer is taking the tax credit and there was a story in the newspaper and internet that Volt dealers were doing exactly that. You did right to walk away.
 
As we all know, car dealers will try to pull every $$$ trick in the book when closing a deal. Unfortunately alot of people fall for this kind of stuff which is why they pull it in the first place. This has nothing to do with Nissan or the LEAF and is just dishonest business practices by a dealer. It will catch up with them. I agree, the first sign of dishonesty and people should walk no matter what car it is.
 
In California, there is no "cooling off" period. The car is supposed to transfer ownership when the papers are signed.

Not sure what this $500 restocking fee is because the dealer isn't supposed to have any ownership of the car once the papers are signed. You can't insist the dealer take the car back once you purchase it. Every California dealer I've been too has this legalese clearly posted. The "restocking fee" seems to imply that you can insist the dealer take the car back - strange.

It all sounds a little strange to me.

Good for you to walk away.
 
I would suggest that you send a copy of your post directly to Nissan North America and let them know who the dealer is and the individuals involved. If Nissan gets enough complaints about this particular dealer, then they may do something about it.
 
Superorc said:
Getting a tax credit of $7,500 and selling the car for a brand new price plus $4,000 of extended warranty is a very sweat deal, don't you think? :twisted:

You did the right thing to walk away. I know for a FACT that you would NOT have qualified for the tax credit.

Only the original NEW purchaser of the vehicle is eligible for the tax credit, regardless of whether or not they put a single mile on the vehicle.

I'm not surprised to see this starting on the Leaf. It is RAMPANT in the Volt arena (well, as rampant as it can be in as few cars as they have sold anyway). The dealer "buys" the car, and then sells it with a used order after pocketing the $7,500 tax credit. The consumer, excited to be part of the electric car economy, finds out later they got screwed.

Basically, if the car was ever titled before you got it, you will not get the tax credit.
 
The IRS does not check the VIN number, so most of these people will get away with the scam.. and the final owner that does file for the credit will be at fault.
 
If you get audited, you WILL be caught, screwed, and are also open to a fraud penalty! Don't do it! The IRS is getting much more aggressive about this due to all the reports of wide-spread frauds.

Herm said:
The IRS does not check the VIN number, so most of these people will get away with the scam.. and the final owner that does file for the credit will be at fault.
 
mogur said:
If you get audited, you WILL be caught, screwed, and are also open to a fraud penalty! Don't do it! The IRS is getting much more aggressive about this due to all the reports of wide-spread frauds

That's the problem with these things. It might take years to develop, and you will pay.

In the interim, you'll hear a 100 stories of folks who "got away with it"... and never hear what happened when they got audited 3 years later.

In my industry, folks who work off shore get pretty loose with the rules for tax income exemption (330 days out of the country). In those cases, an audit would only need to find a credit card bill for lunch somewhere in the USA on a day that was claimed to be one of the 330 out of the country... BAM.... taxed on everything earned out of the country, AND the benefit of a healthy penalty to the IRS.
 
mogur said:
If you get audited, you WILL be caught, screwed, and are also open to a fraud penalty! Don't do it! The IRS is getting much more aggressive about this due to all the reports of wide-spread frauds.

Herm said:
The IRS does not check the VIN number, so most of these people will get away with the scam.. and the final owner that does file for the credit will be at fault.
Sorry for my being slow, but how does the IRS not checking the VIN # allow people to get away with the scam? I've never claimed such a tax credit before so I have no idea what kind of information the IRS requires for it.
 
Volusiano said:
Sorry for my being slow, but how does the IRS not checking the VIN # allow people to get away with the scam? I've never claimed such a tax credit before so I have no idea what kind of information the IRS requires for it.
You claim the tax credit by filing IRS form 8936. That asks only for year, make, and model of vehicle, and date the vehicle was placed in service. Obviously if the form asked for VIN the IRS computers would flag duplicates immediately, and this particular scam could be tracked down quickly. Of course there is the similar scam of filing with a false VIN, but there are stiff penalties for that, and I would guess that the IRS can access DMV records to verify the VIN.

Ray
 
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