Legal Question in Credit and Debt Law in North Carolina
I bought a ATV from a individual that was supposed to pay off the loan with Honda Finance the next day. I paid in cash. Have now learned that the loan was not paid and that Honda still has a lien on the vehicle. I made the purchase on 11/2 and first contact about this was on 11/23. The man I bought it from claims to be trying to now pay the loan, but no longer has the cash that I gave him. What are my options?
2 Answers from Attorneys
Unfortunately your remedy is to go after the seller who doesn't have money. It is never a good idea to buy somethinjg that has a lien on it without paying off the lien directly.
You will have to either pay the loan and go after the seller for reimbursement if you want to keep the ATV or sue the seller to rescind the sale and get your money back.
Never ever buy a motor vehicle or anything with a title unless you get the title delivered to you at the time of sale. If you do buy something with a lien, then you, the seller and the lender have to be involved and you have to make sure that the money is paid to the lender directly, so that they will release the lien and deliver the title to you.
I know this doesn't help in your predicament, but you either have to work with the seller (if you think he is honest) or just pay the lien and then sue the seller in small claims if the amount is under $5,000.
If the guy spent the money in 3 weeks, then obviously he has something going on where he needs csh. He either has an addiction or was behind in child support or something. You need to find out what is going on with him. If it turns out that he is a deadbeat who does not pay, then there ultimately is not much you can do except get a judgment on him. I would not spend a whole lot of money on attorneys - it isn't going to be worth it as you will not see too much money from the seller if he is broke.