QUESTION

Is it legal to sell a vehicle with a lien on the title?

Asked on Oct 22nd, 2015 on Breach of Contract - New York
More details to this question:
Bought a suv in NJ only to find out that the title has a lien on it. Is this sale legal. Was not told this before hand and because I used their in-house finance company the loan was put thru.Also,this is a used 2014 suv. What are my legal rights?
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2 ANSWERS

Personal Injury Attorney serving New York, NY at Fisher Stone Law Group
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The buyer will take the car subject to the lien.  
Answered on Oct 29th, 2015 at 8:17 AM

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Appellate Practice Attorney serving New York, NY
There is nothing illegal about selling an automobile which has a lien on it, just as there is nothing illegal about selling a house with an existing mortgage on it.  The buyer takes the car subject to the lien.  Just as with a home purchase, the prospective buyer is supposed to check beforehand to make sure that there are no liens.  Thus, unless the seller affirmatively told you that there were no liens (and even then you might still be out of luck if you could have discovered the lien with the exercise of reasonable diligence), you would normally be out of luck.  In this case, however, you may be able to claim fraud if you relied on the in-house finance company to do the lien search and disclose any liens to you.
Answered on Oct 22nd, 2015 at 12:13 PM

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