Bank wants to seize my vehicle for previous owner's default

DaMan05

DaMan05

New member
Hey guys,

I seem to have a problem on my hands. I got a letter yesterday from BMO's lawyers that they want the value of my car, because the person I bought it from did not have the right to sell it.

From what I understand, the previous owner got the car on a loan from BMO, sold it to me, and stopped paying the loan. Now the bank wants their money, even though the car is mine and I have nothing to do with BMO.

But the car was registered under this person and he transferred it to me at the SAAQ. Clearly he had the right to sell it to me.

How can I be responsible for this person's debts?

Anyone been in this situation before? My family and I have bought likely 10 used cars in the last 30 years and never heard of this problem.

AhGczuG.png


Thanks guys. I found this which does not look promising: http://www.educaloi.qc.ca/en/capsules/buying-used-car-or-motorcycle-individual-what-you-should-know
 
DaMan05 said:
Hey guys,

I seem to have a problem on my hands. I got a letter yesterday from BMO's lawyers that they want the value of my car, because the person I bought it from did not have the right to sell it.

From what I understand, the previous owner got the car on a loan from BMO, sold it to me, and stopped paying the loan. Now the bank wants their money, even though the car is mine and I have nothing to do with BMO.

But the car was registered under this person and he transferred it to me at the SAAQ. Clearly he had the right to sell it to me.

How can I be responsible for this person's debts?

Anyone been in this situation before? My family and I have bought likely 10 used cars in the last 30 years and never heard of this problem.

AhGczuG.png


Thanks guys. I found this which does not look promising: http://www.educaloi.qc.ca/en/capsules/buying-used-car-or-motorcycle-individual-what-you-should-know
Click to expand...

C'est ça que tu aurais du regarder avant d'acheter....
https://www.rdprm.gouv.qc.ca/Consultation/Assistant/Consulter/RechercheBien?zone=3
 
DaMan05 said:
Hey guys,

I seem to have a problem on my hands. I got a letter yesterday from BMO's lawyers that they want the value of my car, because the person I bought it from did not have the right to sell it.

From what I understand, the previous owner got the car on a loan from BMO, sold it to me, and stopped paying the loan. Now the bank wants their money, even though the car is mine and I have nothing to do with BMO.

But the car was registered under this person and he transferred it to me at the SAAQ. Clearly he had the right to sell it to me.

How can I be responsible for this person's debts?

Anyone been in this situation before? My family and I have bought likely 10 used cars in the last 30 years and never heard of this problem.

AhGczuG.png


Thanks guys. I found this which does not look promising: http://www.educaloi.qc.ca/en/capsules/buying-used-car-or-motorcycle-individual-what-you-should-know
Click to expand...

RDPRM ... RDPRM ... Deux fois plutot qu'une. Comme le disait l'annonce ...

3$ vs payez 2 fois le prix de ta voiture ...

et c'est un chèque au nom du créantier et du gars qui fallait que tu fasses au départ, il n'aurrait pas pu se sauvé sans payé ...
 
That is in fact the law and why it's always recommended to check with the RDPRM if their is any kind of lien on the car. The lien follows the car, not the person who took out the loan.

If you have a sale contract between you and the person from whom you bought the car, you may have recourse in court, but I have no experience with that, so you'd have to check.

At that amount, it might be a good idea to have a chat with a lawyer.
 
Well obviously I am not paying it. They can seize the car if worse comes to worst. It's worth less than that.

I will talk to my lawyer and see what can be done. I will have to sue the previous owner and I wish I can sue the SAAQ also for allowing this to happen.

Anyone want to join me in a Class Action?
 
DaMan05 said:
Well obviously I am not paying it. They can seize the car if worse comes to worst. It's worth less than that.

I will talk to my lawyer and see what can be done. I will have to sue the previous owner and I wish I can sue the SAAQ also for allowing this to happen.

Anyone want to join me in a Class Action?
Click to expand...
La saaq a fuck all à voir là dedans c'est pas leur faute si tu as pas fait tes vérifications. Poursuivre le propriétaire est ta meilleure option.
 
nickhd said:
La saaq a fuck all à voir là dedans c'est pas leur faute si tu as pas fait tes vérifications. Poursuivre le propriétaire est ta meilleure option.
Click to expand...

c'est une lacune, le transfert ne deverais pas pouvoir se faire si le char n'est pas clearé ou vendu avec une preuve de quittance ...

La saaq est non negociable et stricte sur ben des chose mais un check au RDPRM lors de la vente ... non impossible ...
 
Peut-être mais c'est pas de même que ça marche pour le moment. Y'a tellement de gens à qui ça arrive, si un tribunal avait eu à forcer la saaq à prendre par la main les acheteurs de voitures négligents qui veulent sauver 3$ ils auraient aboli les inscriptions de voitures au rdprm depuis longtemps.
 
Phone number disconnected of old owner.

I have 2 addresses of his that I might visit.

The guy did not mean to de-fraud me (edit: from the start). I went to his house during the purchase. Talked to him on the phone and text for weeks after the purchase. I have a copy of his driver's license. He was not shady and not trying to hide his identity and run after the sale.

But the fact that the bank came to me must mean they can't get it from him and he's likely left the country or something.
 
Last edited:
Vortx said:
Is this real life lol


le gars est poisson et acuse la Saaq ?
Click to expand...


Haha no. Obviously its the guy's fault. And I guess mine too for trusting the system and not knowing that you have to check this. I am just surprised because it was quite a long-con. I met him multiple times after the purchase.

Anyways, thanks for your insight guys. In the hands of the lawyers now. I'll have fun ripping the car while I still can.
 
DaMan05 said:
Well obviously I am not paying it. They can seize the car if worse comes to worst. It's worth less than that.

I will talk to my lawyer and see what can be done. I will have to sue the previous owner and I wish I can sue the SAAQ also for allowing this to happen.

Anyone want to join me in a Class Action?
Click to expand...

Voila le problème. Le solde du prêt est plus élevé que la valeur du véhicule. Ultimement, la banque va saisir le véhicule et absorber la différence. Pendant ce temps, tu vas avoir une méchante belle tache sur ton bureau de crédit en plus de devoir les payer. Tu vas faire quoi? Déclarer faillite pour 17,000 $ ??
 
This happened to me on the 9-3 ss I bought in march. It was 9.5 years old. Going to small claims. Paid 2k for the car..

But what doesn't make sense is that the guy who defaults on the loan. He still loses even if he didn't pay. Sure he made some quick cash. But easy come easy go. The guy who defaulted works at BMW west island....... Found him on facebook...
 
QuickSiR said:
Sorry OP but it's 100% your fault.

$17K life lesson.
Click to expand...

Tout le monde doit apprendre a quelque part ... ca serait quoi aux employés de la SAAQ au pire de faire un rappel lors du transfert ... avez-vous regarder le RDPRM ? ceux qui ne savent pas c'est quoi allumerais assez vite...

Quand j'ai vendu ma jetta après 2 ans (financer sur 4), j'ai dit à l'acheteur de regarder le RDPRM, de me faire un chèque certifier à mon nom et a celui du créantier et la balance, à mon nom seulement. Il trouvais ca étrange et je lui expliqué que c'était pour lui ... Le gars connaissait pas ca le RDPRM et les conséquences que ca peut avoir ... il était bien content que je soit aussi honnête.
 
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