Buying car from rental business without title
I would steer well clear of this. The risk is that they take your money but don't pay the bank. This wouldn't require dishonesty - what if they run into financial trouble? Any money of yours that they have that hasn't gone on to the bank yet might end up paying off other debts instead of yours. It's not clear if the idea is that you are paying them all the money up front or will be making payments over time, but either way if they don't clear the lien with the bank then the bank can come after the car no matter who is in physical possession of it. That would leave you without either the money or the car. In theory you'd have a legal claim against the seller, but in reality you'd probably find it hard to collect.
The key here is the bank, they hold the title to the car and as such have the final say in things. The best thing you can do is to pay off the loan.  Could you work like crazy and pay off the car in 6 months to a year? The next best thing would be to sell the car.  You will probably have to cover the depreciation out of pocket.  You will also need to have some cash to buy a different car, but buy it for cash like you should have done in the first place. The worst option and what most people opt for, which is why they are broke, is to seek to refinance the car.  I am not sure why you would have to wait 6 months to a year to refinance, but unless you have truly horrific credit, a local bank or credit union will be happy for your business.  Choose this option if you want to continue to be broke for the next five years or so. Once any of those happen it will be easy to re-title the car in your name only provided you are on good terms with the girlfriend.  It is just a matter of going to the local title office and her signing over her interest in the car. My hope is that you understand the series of foolish decisions that you made in this vehicle purchase and avoid them in the future.  Or, at the very least, you consciously make the decision to appear wealthy rather than actually being wealthy. "this is a bit unusual, but not unheard of. i have known more than one car whose owner was not its driver.  besides the obvious risk that the legal owner of the car will repossess it, this seems fairly safe.  your insurance should cover any financial liability that you incur during an accident.  even if the car is repossessed by the owner, you are only out the registration fees. i would suggest you avoid looking this gift horse in the grill.  her father on the other hand might be in for some drama and financial mess if he has a falling-out with his ""friend"". this arrangement reminds me of divorces where one spouse owns the car, but the other drives it and pays the loan.  usually, when the relationship goes south, one spouse is forced to sell the car at a loss." The Nebraska DMV web site has a neat page about this. It seems to be fairly simple, and not costly to record a lien and later release it. Just go there with the title and the sales agreement that details the terms, and pay the $7 fee. An auto title loans are typically utilized by those that wish to obtain a funding with bad credit rating or no credit in any way. An auto-mobile title lending frequently called a vehicle title lending or merely title funding as well as pink slip funding’s. You merely should have a vehicle that is paid off or nearly paid off and also you could make use of the auto title as security to obtain the cash money you require, enabling you to continue driving your vehicle while paying your loan.   Get Auto Car Title Loans Desert Hot Springs CA and nearby cities Provide Car Title Loans, Auto Title Loans, Mobile Home Title Loans, RV/Motor Home Title Loans, Big Rigs Truck Title Loans, Motor Cycle Title Loans, Online Title Loans Near me, Bad Credit Loans, Personal Loans, Quick cash Loans  Contact Us: Get Auto Car Title Loans Desert Hot Springs CA 14080 Palm Dr. Ste D # 227, Desert Hot Springs, CA 92240 760-993-3301 caratlloan4u0981@gmail.com http://getautotitleloans.com/car-and-auto-title-loans-desert-hot-springs-ca/ The old truck is collateral for a loan. The place that made the loan expects that if you can't pay they can repossess that old truck. If you sell it they can't repossess it.  The dealer needs clean title to be able to buy the truck from you, so they can fix up the truck and sell it to somebody else. I am assuming the the lender has filed paperwork with the state to show their lien on the title. Your options are three: As to option 2: If the deal still makes sense the new car dealer can send the $9,000 to the lender that you forgot about. That will of course increase the amount of money you have to borrow.  You will also run into the problem that this loan that you forgot to mention on your credit application may cause them to rethink the decision to loan you the money. Not sure if it is the same in the States as it is here in the UK (or possibly even depends on the lender) but if you have any amount outstanding on the loan then you wouldn't own the vehicle, the loan company would. This often offers extra protection if something goes wrong with the vehicle - a loan company talking to the manufacturer to get it resolved carries more weight than an individual. The laon company will have an army of lawyers (should it get that far) and a lot more resources to deal with anything, they may also throw in a courtesy car etc. You could have the buyer go to the bank with you so that he can get evidence that the loan will be paid in full and that the lien will be lifted. The bank won't sign over the title (and lift the lien) until the loan is paid back in full. DMV.org has a pretty good section about this. (Note: not affiliated with the actual DMV) Selling to a Private Party Though more effort will be required on your part, selling a car with a   lien privately could net you a higher profit. Here are a few things   you'll need to consider to make the process easier:  Include the   details of the lien in your listing. You'll list an advertisement for   your car just as you would any other vehicle, with the addition of the   lien information that buyers will need so as to avoid confusion.  Sell   in the location of the lienholder, if possible. If the bank or   financial institution holding the lien is located in the area you're   trying to sell, this will make the transaction much easier. Once you   make an agreement with the buyer, you can go directly to the lender to   pay off the existing lien. Ownership can then be transferred in person   from the financial institution to the buyer.  Consider an escrow   service. If the financial institution isn't in your area, an escrow   service can help to ensure a secure transaction. An escrow service   will assume responsibility for receiving payments from the buyer and   will hold the title until the purchase is complete. Advantages of an   escrow service include: Payoff services, which will do most of the   work with the financing institution for you. Title transfer services,   which can help to ensure a safe and legitimate transaction and provide   the necessary paperwork once the sale is complete. "I don't think that there is a generic answer that will apply to this question across all goods.  The answer depends on how the related businesses work, how much insight you have into the true value of the goods, and probably other things.  Your car example is a good one that shows multiple options - There are dealers who will buy as a single transaction, sell as a single transaction, or do a simultaneous sell with trade-in.  I had a hot tub once, on the other hand, where I could find people who would do a trade-in, but there was no dealer who would just buy my used tub.  There's not much parallel between the car and the tub because the options available are very different. To the extent that there is a generic answer, I generally agree with the point in @keshlam's answer about trying to avoid entrapment, but I take a slightly different view.  If you want to get your best deal, you need to have an idea going into the process of what you want in net and keep focused on meeting your goal. If for some reason, it's convenient for the dealer to ""move money around"" between the new car and the trade-in, I'm ok with that as long as I'm getting what I want out of the deal.  If possible, I prefer to deal with both transactions at once because it's simpler.  At the same time, I'm willing to remove the trade-in from the deal if I'm not getting what I want. (Threatening to do so can also give you some information about where the dealer really puts the value between the new car and trade-in since, if you threaten to pull the trade-in, the price on the car will probably change in response.)" Is your name on the title at all? You may have (slightly) more leverage in that case, but co-signing any loans is not a good idea, even for a friend or relative. As this article notes: Generally, co-signing refers to financing, not ownership. If the   primary accountholder fails to make payments on the loan or the retail   installment sales contract (a type of auto financing dealers sell),   the co-signer is responsible for those payments, or their credit will   suffer. Even if the co-signer makes the payments, they’re still not   the owner if their name isn’t on the title. The Consumer Finance Protection Bureau (CFPB) notes: If you co-sign a loan, you are legally obligated to repay the loan in   full. Co-signing a loan does not mean serving as a character reference   for someone else.  When you co-sign, you promise to pay the loan yourself. It means that   you risk having to repay any missed payments immediately. If the   borrower defaults on the loan, the creditor can use the same   collection methods against you that can be used against the borrower   such as demanding that you repay the entire loan yourself, suing you,   and garnishing your wages or bank accounts after a judgment. Your   credit score(s) may be impacted by any late payments or defaults. Co-signing an auto loan does not mean you have any right to the   vehicle, it just means that you have agreed to become obligated to   repay the amount of the loan. So make sure you can afford to pay this   debt if the borrower cannot. Per this article and this loan.com article, options to remove your name from co-signing include: If you're name isn't on the title, you'll have to convince your ex-boyfriend and the bank to have you removed as the co-signer, but from your brief description above, it doesn't seem that your ex is going to be cooperative. Unfortunately, as the co-signer and guarantor of the loan, you're legally responsible for making the payments if he doesn't. Not making the payments could ruin your credit as well. One final option to consider is bankruptcy. Bankruptcy is a drastic option, and you'll have to weigh whether the disruption to your credit and financial life will be worth it versus repaying the balance of that auto loan. Per this post: Another not so pretty option is bankruptcy. This is an extreme route,   and in some instances may not even guarantee a name-removal from the   loan. Your best bet is to contact a lawyer or other source of legal help to review your options on how to proceed with this issue. As far as ease of sale transaction goes you'll want to pay off the loan and have the title in your name and in your hand at the time of sale.  Selling a car private party is difficult enough, the last thing you want is some administrivia clouding your deal.  How you go about paying the remaining balance on the car is really up to you.  If you can make that happen on a CC without paying an additional fee, that sounds like a good option. You can buy a new Toyota from a non-dealer, but not from Toyota directly as they have no retail distribution capability. There is no need to buy directly from Toyota if you want to get a new car without going through a dealer. In many cases people buy new cars but have to sell them immediately for one reason or another. "I somehow doubt there's any ""cast-iron"" reservation. Like airline carriage contracts, I bet in those multi page, tiny font legalese that actually is the rental car contract that everyone agreed to when they book (but few will read in its entirety I imagine)...there are clauses in there that probably say your reservation is not guaranteed and the rental company reserves the right to cancel cars for any reason.   Obviously if you're one of those frequent rental program person/top tier member you will likely be not nearly as likely to be cancelled on as opposed to some rando guy renting..." How is wanting what he reserved and paid for kicking the ladder out from under him? He reserved and paid a premium for a convertible. If the rental company doesn't want to stock a convertible, don't offer it as a reservable option, and don't charge someone a premium and then give them a non premium car. In a perfect world scenario you would get a car 2-5 years old that has very little mileage.  One of the long standing archaic rules of the car world is that age trumps mileage.  This was a good rule when any idiot could roll back an odometer. Chances are now that if you rolled your odometer back the car was serviced somewhere, had inspection or whatever and it is on a report.  If seller was found to do this they could face jail time and obviously now their car is almost worthless. Why do I mention this?  Because you can take a look at 2011 cars.  Those with 20K miles go for just a little more than those with 100K miles.   As an owner you will start incurring heavy maintenance costs around 100K on most newer cars. By buying cars with lower mileage, keeping them for a year or two, and reselling them before they get up in miles, you can stay in that magic area where you can drive a pretty good car for $200-300 a month.  Note that this takes work on both the buying and selling side and you often need cash to get these cars (dealers are good about siphoning really good used cars to employees/friends).   This is a great strategy for keeping costs down and car value up but obviously a lot of people try to do this and it takes work and you have to be willing to settle sometimes on a car that is fine, but not exactly what you want. As for leasing this really gets into three main components: If you are going to do EVERYTHING at a dealership and you want something new or newish you might as well lease.  At least then you can shop around for apples to apples.  The problem with buying a new/used car from the dealers in perpetuity isn't the buying process.  It is the fact that they will screw you on the trade-in.  A car that books for 20K may trade-in for 17K.  Even if the dealer says they are giving you 20K, then they make you pay list price for the car.   I have many many times negotiated a price of a car and then wife brought in our car separately and I can count on ZERO fingers how many times that the dealership honored both sides of the negotiations.  Not only did they not honor them but most refused to talk with us after they found out.   With a lease you don't have to worry about losing this money in the negotiations.  You might pay a little extra (or not since you can shop around) but after the lease you wash your hands of the car.   The one caveat to this is the high-end market.  When you are talking your Acura, Mercedes, Lexus... It is probably better to buy and trade in every couple years.  You lose too much equity by leasing, where it won't cover the trade-in gap and cost of your money being elsewhere.  I have a friend that does this and gets a slightly better car every 2-3 years with same monthly payment.   Another factor to consider is the price of a car.  If your car will be worth over $15K at time of sale you are going to have a hard time selling it by owner.  When amounts get this high people often need financing.  Yes they can get personal financing but most people are too lazy to do this.  So the number of used car buyers on let's say craigslist are way way fewer as you start getting over $10-12K and I have found $15K to be kind of that magic amount.   The pro-buy-used side is easy.  Aim for those cars around $12-18K that are out there (and many still under warranty).  These owners will have issues finding cash buyers.  They will drop prices somewhere between book price and dealer trade-in.  In lucky cases where they need cash maybe below dealer trade-in.  And remember these sellers aren't dealing with 100s let alone 10 buyers.  You drive the car for 3-4 years.  Maybe it is $7-10K.  But now you will get much much closer to book price because there will be far more buyers in this range. "You won't be able to sell the car with a lien outstanding on it, and whoever the lender is, they're almost certain to have a lien on the car.  You would have to pay the car off first and obtain a clear title, then you could sell it. When you took out the loan, did you not receive a copy of the finance contract?  I can't imagine you would have taken on a loan without signing paperwork and receiving your own copy at the time.   If the company you're dealing with is the lender, they are obligated by law to furnish you with a copy of the finance contract (all part of ""truth in lending"" laws) upon request.  It sounds to me like they know they're charging you an illegally high (called ""usury"") interest rate, and if you have a copy of the contract then you would have proof of it.  They'll do everything they can to prevent you from obtaining it, unless you have some help. I would start by filing a complaint with the Better Business Bureau, because if they want to keep their reputation intact then they'll have to respond to your complaint.   I would also contact the state consumer protection bureau (and/or the attorney general's office) in your state and ask them to look into the matter, and I would see if there are any local consumer watchdogs (local television stations are a good source for this) who can contact the lender on your behalf.  Knowing they have so many people looking into this could bring enough pressure for them to give you what you're asking for and be more cooperative with you. As has been pointed out, keep a good, detailed written record of all your contacts with the lender and, as also pointed out, start limiting your contacts to written letters (certified, return receipt requested) so that you have documentation of your efforts. Companies like this succeed only because they prey on the fact many people either don't know their rights or are too intimidated to assert them.  Don't let these guys bully you, and don't take ""no"" for an answer until you get what you're after. Another option might be to talk to a credit union or a bank (if you have decent credit) about taking out a loan with them to pay off the car so you can get this finance company out of your life."