Overhaulin'

Sold car with old lien?

ok so i sold my moms car to the buyer. i had him look at the car and even showed him the title. he looked over both and asked price. we settled for 1100 and completed the sell next day. again i set the title in frontt of both of us and signed bill of sell. clearly stating "AS-IS"..after giving me the money we parted ways. my question is that the title had a lien from 2001 that has been paid off. but when he looked at the title he never questioned me about it, or said a word about it. me being stupid did not ask if he was ok with it and just assumed so. my mom lost the lien release papers and just ever bothered to get a new title. so my my question is if he call me and demands a refund, or takes me to court would i have to comply or is it his problem now? not trying to rip him off or scam him i just want to what i should do. if its my fault i will help him get it cleared but i justdon'tt want to get screwed either tho ok what if i got the paper saying it was released from the lien and then gave it to him, then can he go get a new title w/out lien in his name?

Public Comments

1. No its not his problem. You as a seller must provide a free and clear title. It is not clear with a lien showing. So you are going to have to give him his money back or get a copy of the lien release and/or a title that shows no lien.......................&&&
2. I have about 20 years experience in the car business and never heard of someone having the title when it had a lien on it. The leinholder holds the title until the lien is settled. If your state is different, he wont be able to register it and you ARE & WILL be responsible for getting him a lien release. You don't have to give him his money back but you DO have to get him a lien release soon. Legally, you have no right to sell a car with a lien on it. And without the lien release, theres no way for the buyer or the state to know the lien has been paid. That's your responsibility independent of selling it as is. As is means you wont owe if it breaks down. You DO owe him a clean & clear title and you haven't given him one...yet. The lien release would give him whats needed for him to register it and thats all you must do.