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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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On august/6/2015 i purchased used car, and i paid half of

Customer Question

on august/6/2015 i purchased used car, and i paid half of the money, today while i was checking the auto check states the the car has an accident and the title i have shows original, the other thing i found is that the car has a loan/lien on it, and the
certificate title they gave me shows lien holder name, so my question are they getting me into a problem? or am i going to face a problem in the future, if go the dmv to get plates am i going to be the owner or the lien holder is the owner, am confused please
i need urgent response , i have meeting with them today
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 2 years ago.

If the auto has a lien on it, you will want the seller to give you written confirmation (from the lender) that they have paid the lien, and that the lien is released - you can structure this so that the remainder of your payment is made to the lender, or some other mechanism that you feel comfortable with, but yes, make sure that the loan is repaid.

Failure to do this will leave you with an automobile in your name, but with a lien against it (it is possible for your new car to be repossessed because the seller didn't pay the loan).

With regards ***** ***** accident, unfortunately, the seller has no obligation to disclose everything wrong with the car. The seller only has a duty not to make any false representations about the car. So if you asked if the car has ever been in an accident and they lied to you and said "no" - then you have a cause of action against them for "fraud in the inducement" and the contract becomes "voidable" (as the injured party you can decide whether you wish to enforce the contract or void it - get your money back).