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Selling car with finance


Flex

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Get the buyer to speak to the finance company in your presence and pay the balance of it direct from their account.

Happens a lot like that and the finance companies can deal with it.

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Well it puts buyers off , not everyone clears the finance when they sell the car leaving the new owner with a car they dont legally own and one the finance will repossess leaving them with nothing

 

Pay off the finance and then sell the car , or trade it in

 

anything else would ring alarm bells for a purchaser

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Depends.

 

I sold my VXR to a mate. He paid me by cheque but took the car there and then. When the cheque cleared I paid the finance. No issues, we're best mates so plenty of trust.

 

I sold the Mini to a dealer. He paid us the cash directly, then sat there whilst we then paid the finance company over the phone.

 

I sold the 911 to a random. He paid the finance directly by CHAPS (which, btw, only guarantees same day before 5pm NOT instant payment as we found out!), then when both he and I had proof the finance was clear did I give him the keys.

 

 

The latter way is the only way to do it really. Both of you need to be happy the finance has been paid off, so as the buyer you should pay the finance company directly. Btw don't believe anyone who says that if you buy a car with finance outstanding that they can repossess it as that's nonsense: If you bought in good faith and didn't know about the finance, then you have clear title to the car. The finance co have to chase the person who the finance was with, they no longer have any rights to the car at all and if they take it then that's theft.

 

 

*EDIT* That last para looks really harsh on Richf now, sorry mate I was still composing when you posted! :blush: I'm right though, they cannot simply repossess if you didn't know about the finance. If you did, then that's not clear title and they CAN take it back.

Edited by Ekona
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We purchased the R56S privately which had finance on with BMW directly. You just pay it off on the phone when your with them doing the deal.

 

Its obviously easier if there is no finance but its the world we live in!

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They own it until you've paid 100% of it. However, they cannot just turn up and take it back if you've missed a payment once you get past a certain percentage (it's a different figure in Scotland than the rest of the UK IIRC, and I don't know the two figures off hand).

 

However, all of that is immaterial to a purchaser who is unaware of the finance in place. The finance company CANNOT take the car back then, they will however have a lovely legal claim with the previous owner who took the finance out with them.

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They own it until you've paid 100% of it. However, they cannot just turn up and take it back if you've missed a payment once you get past a certain percentage (it's a different figure in Scotland than the rest of the UK IIRC, and I don't know the two figures off hand).However, all of that is immaterial to a purchaser who is unaware of the finance in place. The finance company CANNOT take the car back then, they will however have a lovely legal claim with the previous owner who took the finance out with them.

 

What's to stop this scenario...Son buys a car on finance.

He can't keep up payments, so sells the car to his dad/mate/uncle/etc for £1.

Defaults on finance payments, waits 6 years, blah, blah...

Father pretends he bought the car in good faith.

Son still uses the car every day on named insurance.

Edited by Juggalo
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I imagine they'd look for some sort of proof of sale, then see it was £1 and see straight through it.

 

Plus insurance companies wouldn't be too happy if he was driving as a named driver, but essentially being the only driver - somewhat against the insurance contract.

 

Plus the whole thing is fraudulent

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