Legal Question in Consumer Law in New Jersey

Vehicle Lien transfer

I am looking to buy car off eBay, the only problem is that the vehicle history report said that there is a lien on the car. I've requested information from the seller but he is not replying quick enough. I just want to know if that lien is transferable to me if I purchase the vehicle. Thank you, Eric


Asked on 2/10/06, 10:43 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Vehicle Lien transfer

An additional comment:

New Jersey is a "title State." That is, in order to register a car in New Jersey, you will have to show that you have clear title or list the liens on the title. All but a few States are also title states in one form or another. When and if you buy the car, you should get a certificate of title from the seller. This is the only way that you will be able to get an New Jersey registration.

Read more
Answered on 2/11/06, 6:30 pm
John Corbett Corbett Law Firm LLC

Re: Vehicle Lien transfer

Yes. The lien is on the property not the person. If you buy the car, you buy it subject to the lien unless the lien is removed through the transaction or it is an error that is corrected before the sale. In either case, it needs to be resolved otherwise the seller is not passing "clear title."

It was a good move on your part to search for liens. Give yourself a few points for prudence and appropriate legal caution.

If you really want the car, you might offer to pay the lien as part of the purchase price. Unless you are skilled with this, you might want to get a lawyer involved (at the other party's expense as another deduction in price). You will not only want the lien paid, but you will want to get a written release of the lien from the other party.

It happens sometimes that a legitimate purchase money lien shows in a search because payment has not been documented. The same principles apply for you. The lien must go.

Read more
Answered on 2/11/06, 9:57 am


Related Questions & Answers

More Consumer Law questions and answers in New Jersey