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lwpat, Attorney
Category: Business Law
Satisfied Customers: 25387
Experience:  Attorney with over 35 years of business experience.
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Are contracts for title for RVs valid when there is a non-assumable

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Are contracts for title for RV's valid when there is a non-assumable 3rd party loan on the RV already in place?

Yes and no. The only way a title to an RV can be transferred is by title through the DMV. If there is a lien on the title it has to be released prior to transfer. You can contract for title but you risk the chance that the person will transfer the title to someone else. Then you will have to try to enforce the contract but you cannot get the title to the RV. Even if you hold the title there is the risk they could obtain a duplicate title. Best option is to either refinance or get approval from the existing lien holder. Otherwise you are asking for trouble.


Sorry but we cannot see the already tried until after we answer the question. Bug in the site software. It does sound like you have grounds to cancel the contract. Someone would have to evaluate the exact language of the contract you signed. They have to provide you with clear title and a nonassumable loan is not clear title. But everything depends on the exact terms of the contract. There may be a legal way around it.


If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

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Customer: replied 8 years ago.

Let me give you some more details.


1) The insurance is in the owners name, with me as an "additional driver" on the account. No ownership shown in the RV.

2) The lender would cancel their contract with the owner and call the loan if they knew that this transaction had taken place./

3) The title and registration is only in the owner's name.

I want to just give it back to the owner in great condition and let him have it back with no more money changing hands. Is that a good possibility?


It sounds like what you may have signed is a lease to purchase. You can lease an RV with the rights to purchase it later. However, the registration should be in your name and the leasee would be a lien holder.


A contract is enforceable unless the transaction is illegal or fraudulent. Here it seems that you may have an out but that doesn't mean you won't be sued on the contract, just that you have a defense. Without actually seeing the terms of the contract, it is hard to give an opinon on what a judge might do.


If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

Customer: replied 8 years ago.
How much would you charge me just to look at the contract? It was not treated as a lease, but a purchase, even though I can not write off the interest, etc. I just want to know if I have a good defense.
I cannot do that . It would be a violation of the terms of service of this site. A local attorney should not charge more than about 250.