Quote:
Originally Posted by Darlenecrawford
I am buying a car that have a lien on it but I didn't known this at the time I bought this car. Do I need to keep the car or get my down payment back and give them the car back for another car. please help.
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Every bill of sale I've ever seen for cars sales contains the following clause, or a close variation. That information is also on the title, right? Bill of sale has something like,
"I (individual or dealer's name) sell this car to (buyer's name) free and clear of any liens or encumbrances." Of course, if there are liens, they are itemized.
In fact I pulled the paperwork on my 2007 Toyota Xrunner, w/trade in and down payment, since I have it scanned and searchable (PDF). The Order Sheet (during the deal, late 2006) had a section for "liens" and listed details of my trade-in (with money owed) and down payment, plus of course financing info and vehicle cost (all four corners of the deal's four square).
In turn, the WA State title issued for the new truck listed the new lien holder, my credit union. Title is (was) held by the lien holder.
When I paid it off, title sent to me by lien holder indicating fulfillment of the obligation. State then issued a new title free and clear of any liens or encumbrances.
Thus, this doesn't make any sense unless I'm missing some key point or (more probably) there is much more to the story. Otherwise, my first reaction would be either (pick one) criminal misrepresentation of the vehicle, unsophisticated buyer, or some sort of screw-up on either (or both) ends.
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