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View Full Version : Lien on an car bought used from brand name dealership



bakacary
Jul 5th, 2012, 01:56 PM
Hi RFD folks,

Not the best way to start my contribution on RFD but here's the story -

In March 2010, I bought an used car from a brand name dealership in Richmond BC. The car is in great mechanical condition and it was a lease return. 2006 model year with only 56k on the dial.

While chatting with friends last night the subject of liens came up because a friend of mine was planning to buy an used car privately and found there is a lien on it.

Out of curiosity, I ran a lien search on my car and lo and behold, there is a lien in the province of ONTARIO.

Digging deeper, I was able to pull (with a small fee) the complete details from Province of Ontario's website. The lien was placed on June 2009.

I have contacted the dealership and they sound surprised (unfortunately the person who sold me the car no longer works there) and they said they will investigate and get back to me. That was on July 04.

In hind sight I know I am supposed to do lien searches before buying a car but I would expect a brand name dealership like Toyota, Nissan etc (not those private ones) would perform a lien search before buying a car into their own used car inventory.

My question: aside from contacting the dealership who sold me the car, any other things I can (or need) to do so I can get this lien lifted off my car? I paid cash for it and only done routine maintenance (also all paid off in cash) so there is no chance a lien could've been placed during my ownership.

Thanks in advance.

Gunnerheadboy
Jul 5th, 2012, 02:14 PM
I think sometimes the lien is by error, it was just never removed even after having all the payments done.

D-3vil
Jul 5th, 2012, 03:53 PM
I believe OMVIC mandates that the car should be free of liens before being sold... if dealership sold car with lien still attached, then they broke the rules -- if they aren't being helpful, contact OMVIC for more help

http://www.omvic.on.ca/services/consumers/vehicle_history_report.htm#Q9

DavidY
Jul 5th, 2012, 04:03 PM
I believe OMVIC mandates that the car should be free of liens before being sold... if dealership sold car with lien still attached, then they broke the rules -- if they aren't being helpful, contact OMVIC for more help

http://www.omvic.on.ca/services/consumers/vehicle_history_report.htm#Q9

OP is in GVR so OMVIC doesn't apply.

Motor Vehicle Sales Authority of BC

http://www.mvsabc.com/

Dave

D-3vil
Jul 5th, 2012, 06:05 PM
OP is in GVR so OMVIC doesn't apply.

Motor Vehicle Sales Authority of BC

http://www.mvsabc.com/

Dave

Same provisions apply in BC
http://www.mvsabc.com/consumers/vehicle-buying-tips#benefitsleasing

The benefits of buying (or leasing) from a licensed dealer

- Licensed dealers must guarantee that their vehicles are free of liens.

bakacary
Jul 7th, 2012, 02:06 PM
Thanks everyone for the tips.

Just got a call back from the dealership- apparently it is a clerical error. They have contacted their bank to get it lifted.

I am keeping my fingers crossed until I get confirmation.

DavidY
Jul 7th, 2012, 02:20 PM
Thanks everyone for the tips.

Just got a call back from the dealership- apparently it is a clerical error. They have contacted their bank to get it lifted.

I am keeping my fingers crossed until I get confirmation.

The dealership has more to worry about than you....if they are reputable.

Dave

dryder
Jul 8th, 2012, 08:40 AM
Ask them for a copy of the lien release letter from the Bank once they receive it. That way you will have a copy of it in your records.

Give the dealership a call and they should fax or email it to you when they get it. If they don't keep on them until they do.

bakacary
Jul 21st, 2012, 12:21 AM
Got the lien release letter from the secured party. Looks like I can rest now.

Thanks to all who helped :)

UrbanPoet
Jul 21st, 2012, 12:39 PM
I always thought that you could register or transfer the title of a car if it has a lien on it... because it implies some sort of legal obligation to a creditor and ties up the ownership.

bakacary
Jul 21st, 2012, 02:06 PM
I always thought that you could register or transfer the title of a car if it has a lien on it... because it implies some sort of legal obligation to a creditor and ties up the ownership.
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Apparently this is not the case with ICBC as they do not do lien checks. They will check if it is stolen but that's it.