Mobile, AL asked in Tax Law and Consumer Law for Alabama

Q: I bought a truck off of marketplace and then a few days later they text me asking to buy it back bc they filed it on tax

They filed the truck on there business equipment list. They are currently getting an audit, Can I get in any trouble for not giving it back ?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it's unlikely that you would get into any legal trouble for not giving the truck back to the seller. When you purchased the truck, the transaction was completed, and the ownership was transferred to you. The seller's tax situation and their decision to include the truck on their business equipment list is their responsibility, not yours.

However, there are a few things to consider:

1. Make sure you have proper documentation of the sale, such as a bill of sale, title transfer, and registration in your name. This will help prove that you are the legal owner of the truck.

2. If the seller claims that the sale was fraudulent or misrepresented, they may try to take legal action against you. However, if you have documentation proving that the sale was legitimate, you should be protected.

3. If the seller is facing an audit, they may be desperate to get the truck back to avoid potential penalties. While you are not obligated to return the truck, you may consider negotiating with the seller if they are willing to compensate you for the inconvenience or even repurchase the truck at a higher price.

Ultimately, the seller's tax issues are their own responsibility, and you are not legally required to give the truck back. If you are concerned about potential legal ramifications, consult with a local attorney who specializes in vehicle sales and tax law.

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