Mack v. Harris Chevrolet, Inc.
Mack v. Harris Chevrolet, Inc.
Opinion of the Court
This is a dispute arising out of the failure to pay sales tax to the State of Louisiana in conjunction with the sale of a new automobile. The trial court held that La.R.S. 47:308 obligates the dealer to pay sales tax on the purchase of a new automobile and held defendant, Harris Chevrolet, Inc. (Harris), liable for damages sustained by the plaintiff as a result of Harris’s failure to pay the sales tax. After a thorough review of the record and applicable law, we find no error in the trial court’s judgment, and accordingly, affirm.
Background Facts
On or about February 28, 1989, plaintiff, Marsha Mack, purchased a 1989 Chevrolet Cavalier from Harris Chevrolet; the purchase was financed through Progressive Acceptance Corporation of Oklahoma (PAC). The evidence reflects that the purchase price of the vehicle, agreed upon by Mrs. Mack and the salesman at Harris Chevrolet, Na-thanial Lathan, was $9750.00, to which a $200.00 deposit and an $800.00 trade-in allowance were applied, leaving a balance on the purchase price of $8750.00. The buyer’s order and invoice reflect that the $9750.00 purchase price agreed on was exclusive of tax, title and license. (Zeros were inserted in the lines applicable to sales tax, title and license fees.)
PAC was represented by its agent, Chip Mitchell, who was present at Harris Chevrolet at the time of purchase and negotiated the loan documents with Mrs. Mack. Mrs. Mack testified that the sales tax on the vehicle, which amounted to $763.50, was included in the amount financed by PAC; however, it was her understanding that the sales tax, together with the balance of the purchase price, would be paid by PAG to Harris Chevrolet, who in turn, would forward the tax to the Department of Motor Vehicles.
The finance agreement reflects that the sales tax was indeed calculated in the amount financed for Mrs. Mack by PAC. (For unex
Action of the Lower Court
Named as defendants in Mrs. Mack’s action were Harris Chevrolet, PAC, and Met-life Financial Corporation, to whom the financing contract was subsequently sold.
Applicable Law
La.R.S. 47:303, the statute relied on by the trial court which regulates the collection of tax on vehicles, provides in pertinent part as follows:
A. Collection from dealer. (1) The tax imposed under R.S. 47:302 shall be collectible from all persons, as hereinafter defined, engaged as dealers, as .hereinafter defined.
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B. (1) The tax levied by R.S. 47:302A on any such vehicle shall be paid to the vehicle commissioner as the agent of the collector of revenue at the time of application for a certificate of title or vehicle registration license and such tax shall be administered and collected by the vehicle | commissioner in compliance with rules and regulations issued by the collector of revenue and in compliance with the law as construed by the collector of revenue. No certificate of title' or vehicle registration shall be issued until this tax has been paid ... (emphasis added).
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Therefore, the sales tax on a vehicle is collectible from the dealer, and shall be paid at the time of application for the certificate of title.
Furthermore, the Vehicle Certificate of Title Law, La.R.S. 32:701 et seq. provides, in section 705.A in pertinent part, the following:
No person shall sell a vehicle without delivery to the purchaser thereof, whether such purchaser be a dealer or otherwise, a certificate of title issued under this Chapter. ...
Thus, the dealer is prohibited from selling a vehicle without also delivering a certificate of title to the purchaser.
These two statutes, read and construed in pari materia, reveal that the dealer has the ultimate obligation of securing and delivering a certificate of title to the purchaser, irrespective of any third party financing arrangements made either by the dealer, or the purchaser. Therefore, although Harris did not collect the amount of the sales tax from PAC, it was nevertheless statutorily obligated to ensure that such tax was remitted to the State of Louisiana Department of Motor
AFFIRMED.
. Only Harris Chevrolet filed an answer; there is no further mention of the other two defendants anywhere in the record. The judgment rendered by the trial court addresses only the liability of Harris Chevrolet, and is silent as to the other defendants.
Reference
- Full Case Name
- Marsha MACK v. HARRIS CHEVROLET, INC.
- Cited By
- 1 case
- Status
- Published