NEED HELP WITH BILL OF SALE - WHAT VOIDS BOS ONTARIO CANADA

Contact OMVIC

Angel1992 wrote: ↑ I was looking to finance a vehicle through a dealership and I contacted one in the Toronto area they found me an SUV and I signed the bill of sale for this SUV before I sign the bill of sale the Carfax was sent over to me and stated it had a lien on the vehicle so I questioned the dealer and he pretty much said what's it matter. I was thrown off by his attitude towards me and now I'm kind of regretting my decision. I didn't have a mechanic go and pre-inspect the vehicle and now I would really like to get it pre-inspected as I'm getting a little worried about the standing of this dealership!!!!

So many things wrong here but the main problem would be that you signed anything regarding the sale prior to having everything lined up. If it's a licensed dealer (whether a "branded" dealership or private/used car place) they absolutely cannot sell you a car that has a lien on it--that is illegal in ON.

As for the PPI, you need to have that done before you ever sign anything or agree to a sale. Not after. After doesn't mean anything really. Mechanic could find 10 things wrong with it, major problems even, but if you signed the contract the car is as good as yours anyway.

Angel1992 wrote: ↑ The bill of sale is dated for March 29th but I signed it on March 23rd there's no color of the vehicle on there I'm not sure if that would void the bill of sale or not...
They also gave me a letter stating the lien was released but then I called the financing company and the lien was not released before they disclosed that letter to me.

They also lied about my work situation as I am on maternity leave right now but they said they were just going to leave it as I am still working at my job so I can get approved.

Missing the colour of the vehicle doesn't mean anything. Is there a VIN on there? And lying about your situation sounds like par for the course lol. What you can do is contact the lender and clarify to them your work situation/income. This may cause you to become not approved and that would "get you out" of this deal, but not a guarantee.

These are questions and things (like PPI) you need to do before you sign anything. Keep that in mind for the future, regardless of what happens here. Regarding the lien though, they cannot sell it to you with a lien on it if they are a licensed/registered dealer. They will have to clear the lien prior to delivering you the car, which they probably will. I wouldn't count on that "saving" you here because they likely have all the financial means to take care of the lien. I mean if they are super scummy then they might not and sure you can refuse the car.

The biggest question is... Did you put a deposit down? Do you have anything to lose right now? I'm guessing you did, but it's not mentioned nor how much.

Angel1992 wrote: ↑ Please let me know what you think if there's any way I can get out of the sale if they don't let me have a mechanic look at the vehicle I have a bad feeling they won't let me have a mechanic look it over.

Doesn't matter now whether a mechanic looks it over TBH. They can let you have 5 mechanics look it over, you already signed for the car as said. If you had signed the contract with it written on there that the sale is "subject to satisfactory mechanical inspection" or something like that, it's a different story. But it doesn't sound like that.

No deposit. Just was asking to see if there was anyway out of it if they said no to a pre-inspection. The dealer said the deal wasn't completed so I took that as I might still have a say in if I am getting the vehicle or not ! But guess the vehicle is mine. Should of thought things through more lol here to hoping nothing is wrong with itm

Angel1992 wrote: ↑ I was looking to finance a vehicle through a dealership and I contacted one in the Toronto area they found me an SUV and I signed the bill of sale for this SUV before I sign the bill of sale the Carfax was sent over to me and stated it had a lien on the vehicle so I questioned the dealer and he pretty much said what's it matter. I was thrown off by his attitude towards me and now I'm kind of regretting my decision. I didn't have a mechanic go and pre-inspect the vehicle and now I would really like to get it pre-inspected as I'm getting a little worried about the standing of this dealership!!!!

They have my financial application filled out but no references so if I don't give them my references with the deal fall through.

The bill of sale is dated for March 29th but I signed it on March 23rd there's no color of the vehicle on there I'm not sure if that would void the bill of sale or not...
They also gave me a letter stating the lien was released but then I called the financing company and the lien was not released before they disclosed that letter to me.

They also lied about my work situation as I am on maternity leave right now but they said they were just going to leave it as I am still working at my job so I can get approved.

Please let me know what you think if there's any way I can get out of the sale if they don't let me have a mechanic look at the vehicle I have a bad feeling they won't let me have a mechanic look it over.

Liens sometimes take several days to a few weeks to clear. Assuming they’re a registered dealer, OMVIC requires that the vehicle is lien free when transferred to you. If not they’ll have to either clear the lien or take the vehicle back. Since you’re still in the period before the sale is finalized I wouldn’t count that as a lie just yet.

That said, they are indeed lying on the credit application about your employment situation! That’s a big red flag to me and and I’d walk away because of that. Think about it - they’re luring you into a scheme that’s essentially committing a fraud against the lender to obtain a loan approval under false pretences. And in the unlikely event that something goes sour down the line with the lender they’d immediately throw you under the bus by claiming they had no idea and that you lied to them about your employment status.

Realistically, the chance on getting caught on this lie is extremely, extremely remote and that’s not really my concern. The bigger risk here is that if they’re willing to defraud their lender (who they probably have a business relationship with for some time) just to get the sale done, then what else have they cut corners on, covered up, or lied about? And if they’re at all good at it then whatever it is might slip past somebody doing a PPI.

I know it’s a tough time to be car shopping between being in mat leave and in this short supply market, but better to walk away now while you can and don’t deal any further with these guys. You’re either going to get burned or regret it in one way or another.

Thanks ! My only concern is I will not be able to walk away because I signed the bill of sale already

Angel1992 wrote: ↑ Thanks ! My only concern is I will not be able to walk away because I signed the bill of sale already

Tell them you’re not comfortable dealing with them any further considering what you found out about the lien and that you’re concerned that they were willing to submit a credit application in your name with a false employment status. As a result you want out of the deal. If the push back, and they probably will, then threaten that you’ll go to OMVIC and get them involved to investigate their business practices in these 2 areas. And that you’ll leave bad reviews wherever you can post them.

(On the lien, it’s not so much that it wasn’t discharged yet but that they didn’t properly and fully explain everything. They should have told you there was a lien when they acquired it but that it’s in the process of being cleared, and that they’ll make sure it’s clear before the deal is completed. Because they didn’t do this and you found out their shortcut alarmed you and caused you not to trust them)

Did you just sign a bill of sale or did you sign finance/lease contracts? If only a bill of sale, just call them and cancel it. They cannot make you take possession of the vehicle, regardless of what you signed. They can threaten you and scare you, but it ends there.