The only reason you could go to prison for selling a car that is on a finance agreement, is if it can be proved that it was your intention to defraud the insurance company. Unless this is the case, then selling a car that has outstanding finance is a civil matter.

Also What happens if I sell a car with outstanding finance?

If you sell an automobile with outstanding finance on it without informing the buyer of the situation, it is likely that the finance company will track them down to repossess it.

Subsequently, Is it illegal to sell a car under finance? No, it’s not illegal to sell a car that’s still under finance – but the process can be difficult. Because the car is under finance, you’ll be selling something you don’t technically own. This means you need to make sure you know exactly what you’re doing.

Can you sell a car not paid off? Because there’s a lien against your car until it’s paid off, it’s very difficult to sell it privately unless you can pay off the balance on your own. But trading in a car with negative equity is very simple for a dealership, within reason.

Is it illegal to sell a car with finance outstanding?

You can’t sell a car on finance as you don’t legally own it until you have made all your payments. … It’s illegal to sell a car on finance without telling the buyer that you still owe money on it and without paying off the debt. If you don’t tell the buyer, you will have committed fraud and could be prosecuted.

Is it illegal to sell a car with money owing on it?

No, it’s not illegal to sell a car that’s still under finance – but the process can be difficult. Because the car is under finance, you’ll be selling something you don’t technically own. This means you need to make sure you know exactly what you’re doing.

How do you sell a car you haven’t paid off?


How Do You Sell Your Car When You Still Have Payments Left?

  1. Find out the fair value of your car.
  2. Get your loan payoff balance.
  3. Enlist your lender in the sale.
  4. If you can, hold the sale at the bank that holds your loan.
  5. How to deal with an out-of-state lender.
  6. Accept only cash or an official bank check.

Is selling an encumbered car illegal?

Is It Legal to Sell an Encumbered Vehicle? The very simple answer is yes. Just because there’s money owed against the car doesn’t prevent you from selling the vehicle. You can even technically use the sale of the vehicle to help pay off the associated loan.

How do you sell a car with owing Finance on it?


If you want to sell a car you still owe money on, you can do so by following the steps below:

  1. Notify your lender. Before arranging to sell your car, you should let your lender know and discuss your options. …
  2. Find a buyer. …
  3. Finalise the sale. …
  4. Transfer ownership.

Will a dealership buy my car if I still owe money?

One option is trading in your old car during the process of buying your next vehicle at a dealership. … If you still owe, the dealership takes your old car, pay the loan balance to assume possession of the title, and then it’s theirs to resell. The dealer takes care of all the paperwork for you.

How do I sell my car if its on finance?

The easiest way to handle the sale of a car that has a loan on it is to hold the sale at the physical address of the lender. That will provide you with the ability to collect the funds from the buyer, pay off the loan to the bank, and transfer the title to the new owner.

How do I sell a vehicle that is financed?

The most common way to sell a car under finance, while you’re still making payments, is to first pay off the remaining debt. This usually involves putting any sales proceeds from your buyer towards the loan. Next, you’ll transfer your car’s title to the new owner. Your lender can provide you with the most guidance.

Can I sell my car even if its on loan?

In case of a car loan, the car itself becomes collateral and the name of the entity from which the loan has been taken is hypothecated on the RC. … Only once the hypothecation is removed from the RC, you become the sole legal owner of the car and can sell your car without any restriction.

Can you sell car before paying it off?

You can sell a financed car with or without paying it off by trading it in with a dealer or selling it to a private buyer. Trading in your car is often easier than selling it to an individual.

How do you clear an encumbered vehicle?

To ensure that the car is yours free and clear, you can arrange for two payments at the time of transfer. One payment directly to the lender to clear any finance, and another if there’s any amount left over to the seller. You can then get the financier to update the PPSR and proceed with the sale.

Can you transfer a financed car to someone else?

To do this, you will need to: Ask the bank how much is needed to settle your loan including any early settlement fees. * Sign a seller’s agreement or Power of Attorney that would give the buyer power to transfer the car to his / her name once he clears your bank loan.

How do you trade in a car that is not paid off?

If your car is worth less than what you still owe, you have a negative equity car also known as being “upside-down” or “underwater” on your car loan. When trading in a car with negative equity, you’ll have to pay the difference between the loan balance and the trade-in value.

Will dealerships pay off your loan?

The dealership isn’t obligated to pay off your total loan balance. They only have to offer you what they believe your trade-in is worth, also known as the actual cash value (ACV) of your car. … A dealership may be able to offer you the entire loan balance of your vehicle, even if the car has negative equity.

How do I get rid of a car I owe money on?

  1. Step 1: Determine Your Payoff Amount. It’s a good idea to start out by checking with your lender for guidance and to find out exactly how much you owe. …
  2. Step 2: Pay Off the Loan. If possible, the best thing to do is to pay your loan off long before selling the car. …
  3. Step 3: Provide a Clear Title.

Does selling a financed car hurt your credit?

Voluntarily surrendering your vehicle will have a substantially negative impact on your credit scores because it means that you did not fulfill the original loan agreement. When you voluntarily surrender your vehicle, the lender will sell the car to recover as much of the money owed as possible.

When financing a car who has the title?

If you’re financing the vehicle, the lienholder will typically send you the title after the loan has been repaid.

Can I transfer ownership of a financed car?

Transfer the car registration certificate

The existing owner has to transfer the registration certificate of the car along with the loan to the buyer. This process has to be initiated by visiting the RTO (Regional Transportation Office). They will help you in transferring the ownership of the vehicle to the buyer.

How do I sell my car if I still have a loan on it?

Subtract the payoff amount from the value of the vehicle. If the result is positive, you have equity in your car; if it’s negative, you’re upside down on the car loan. Selling a car with negative equity means you need to give the lender all the money from the car sale and pay for the negative equity.

How do I sell my car if I still owe on it?

The most common way to sell a car under finance, while you’re still making payments, is to first pay off the remaining debt. This usually involves putting any sales proceeds from your buyer towards the loan. Next, you’ll transfer your car’s title to the new owner. Your lender can provide you with the most guidance.