Buying privately, when the car still has finance outstanding
Buying privately, when the car still has finance outstanding
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911hope

Original Poster:

3,793 posts

54 months

Friday 16th December 2022
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I recently saw a car on ebay, with the following comment, on paying off the outstanding finance on an expensive car..

This seems to put the buyer at huge risk, paying the finance house. What stops the seller from saying thank "you for paying off my finance, goodbye"

Is this standard practice? Is this dodgy?

"The car currently has approx £84,000 of finance which will be settled from the proceeds of sale, this can all be done on day of collection. I'll get a redemption figure from VWFS we will settle the finance and get confirmation from VWFS, balance will be paid to me, I'll sign over all paper work and V5 once payment has cleared. "

Tom8

6,138 posts

182 months

Friday 16th December 2022
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I bought a car privately like this. Not quite the same amount of cash but we did go through. He paid off finance and I paid him. You are legally not allowed do pay the finance company. He did his transfer then I did mine knowing the amount plus the equity would clear with his bank.

______

15,133 posts

297 months

Friday 16th December 2022
quotequote all
Tom8 said:
I bought a car privately like this. Not quite the same amount of cash but we did go through. He paid off finance and I paid him. You are legally not allowed do pay the finance company. He did his transfer then I did mine knowing the amount plus the equity would clear with his bank.
That’s inaccurate and bad advice. The vendor can give authorisation for a buyer to speak and pay them directly.

You draw up a sales agreement with the buyer to pay x to the finance company (matching the figures on a settlement letter) and any balance to the vendor.

Unless the vendor has cash to clear finance in advance then shouldn’t ever pay all to the vendor, as they may not clear finance and or as it can take 3-5 days to show the finance has been settled.

anonymous-user

82 months

Friday 16th December 2022
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[quote=__]

That’s inaccurate and bad advice. The vendor can give authorisation for a buyer to speak and pay them directly.

You draw up a sales agreement with the buyer to pay x to the finance company (matching the figures on a settlement letter) and any balance to the vendor.

Unless the vendor has cash to clear finance in advance then shouldn’t ever pay all to the vendor, as they may not clear finance and or as it can take 3-5 days to show the finance has been settled.
[/quote]


This. Pay finance company direct while there and get confirmation cleared, and balance to the owner, then drive away in the car. Enjoy!
PS just use due diligence to check you are actually speaking to and paying off the finance company, not one of his mates wink

ZX10R NIN

30,410 posts

153 months

Friday 16th December 2022
quotequote all
Get the seller to give you authorisation to speak to the finance company pay them, at which point they'll send a conformation Email saying that they no longer have an interest in the vehicle (it may take up to an hour to get it all done) at that point pay the vendor.

______

15,133 posts

297 months

Friday 16th December 2022
quotequote all
ZX10R NIN said:
Get the seller to give you authorisation to speak to the finance company pay them, at which point they'll send a conformation Email saying that they no longer have an interest in the vehicle (it may take up to an hour to get it all done) at that point pay the vendor.
That assumes the vendor has the cash to settle the finance.

Wacky Racer

41,154 posts

275 months

Friday 16th December 2022
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Stay well clear. Why take the risk?

nick1871

427 posts

140 months

Friday 16th December 2022
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Standard practice.

Been on both sides of this before, buying and selling.

Yes, someone could in theory refuse to sell you the car after you have sat at their kitchen table and paid their finance off but in reality, no, this isn’t going to happen.

ZX10R NIN

30,410 posts

153 months

Friday 16th December 2022
quotequote all
[quote=__]

That assumes the vendor has the cash to settle the finance.

[/quote]

No you as the buyer settle the finance.

Sir Bagalot

7,036 posts

209 months

Friday 16th December 2022
quotequote all
ZX10R NIN said:
Get the seller to give you authorisation to speak to the finance company pay them, at which point they'll send a conformation Email saying that they no longer have an interest in the vehicle (it may take up to an hour to get it all done) at that point pay the vendor.
Quite a few finance houses will only take payment from the account holder

Paft Dunk

360 posts

286 months

Saturday 17th December 2022
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Black Horse isn’t one of them.

I sat in the sellers house, both of us on speaker phone to finance co and I paid it off for him. Zero issues.

______

15,133 posts

297 months

Saturday 17th December 2022
quotequote all
ZX10R NIN said:
[quote=__]

That assumes the vendor has the cash to settle the finance.
No you as the buyer settle the finance.
That’s what I’d already posted below.

piker

13 posts

96 months

Saturday 17th December 2022
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Done this many times as a seller no complications whatsoever.
Whenever a potential buyer responded to my ad normally in AT, I would make it clear right from the start that finance is outstanding so we both know where we stand moving forward etc.
I have always used Toyota finance.

911hope

Original Poster:

3,793 posts

54 months

Saturday 17th December 2022
quotequote all
nick1871 said:
Standard practice.

Been on both sides of this before, buying and selling.

Yes, someone could in theory refuse to sell you the car after you have sat at their kitchen table and paid their finance off but in reality, no, this isn’t going to happen.
So what would be the protection if the buyer did walk away after you paid off their finance?

Only one on here person has mentioned signing a purchase agreement first. That at least would give you something to enforce through the courts.

Edited by 911hope on Saturday 17th December 11:12

911hope

Original Poster:

3,793 posts

54 months

Saturday 17th December 2022
quotequote all
piker said:
Done this many times as a seller no complications whatsoever.
Whenever a potential buyer responded to my ad normally in AT, I would make it clear right from the start that finance is outstanding so we both know where we stand moving forward etc.
I have always used Toyota finance.
There are no risks from the seller perspective, though.

The question is about the risk to the buyer.
It seems many people don't give it any consideration.

______

15,133 posts

297 months

Saturday 17th December 2022
quotequote all
911hope said:
There are no risks from the seller perspective, though.

The question is about the risk to the buyer.
It seems many people don't give it any consideration.
There are risks to all parties.

If the buyer doesn’t pay or emulates payment, or has a payment recalled then the vendor remains on the hook to the finance company.

There’s limited if any risk to the buyer if they have a settlement letter, validate with the finance company, pay directly using confirmed bank transfer, whilst only transferring any balance to the vendor.

911hope

Original Poster:

3,793 posts

54 months

Saturday 17th December 2022
quotequote all
[quote=__]
911hope said:
There are no risks from the seller perspective, though.

The question is about the risk to the buyer.
It seems many people don't give it any consideration.
There are risks to all parties.

If the buyer doesn’t pay or emulates payment, or has a payment recalled then the vendor remains on the hook to the finance company.

There’s limited if any risk to the buyer if they have a settlement letter, validate with the finance company, pay directly using confirmed bank transfer, whilst only transferring any balance to the vendor.
The seller gets his finance paid off and it is confirmed by the finance house. Payment cannot be undone . Where is his risk?

Once finance is paid off the car still belongs to their customer (seller). Buyer is now at risk. If the seller is a crook, it can go very wrong.

Deep Thought

39,929 posts

225 months

Saturday 17th December 2022
quotequote all
Have done it several times from both sides. Not an issue and pretty much standard practice.

I dont see it as any different than you transferring cash to the seller.

There is a period of time there where the seller has the car AND your money.

Deep Thought

39,929 posts

225 months

Saturday 17th December 2022
quotequote all
911hope said:
piker said:
Done this many times as a seller no complications whatsoever.
Whenever a potential buyer responded to my ad normally in AT, I would make it clear right from the start that finance is outstanding so we both know where we stand moving forward etc.
I have always used Toyota finance.
There are no risks from the seller perspective, though.

The question is about the risk to the buyer.
It seems many people don't give it any consideration.
Theres risks to any buyer buying a car via a private sale.

At some point you transfer / hand over your money and for a period of time the seller has your money and their car.

Like all car buying transactions i'd be making sure i did the paying for the car in their home and at the address registered on the V5C.


Venisonpie

4,701 posts

110 months

Saturday 17th December 2022
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The other thing to consider is how quickly you want to do the deal. I bought my Elise privately and it had finance on it when I looked at it which the seller genuinely forgot to mention and only flagged when I did an HPI. He then paid it off, I waited for the finance company to confirm this and the HPI report then showed it as clear. I then paid cash to the seller the following weekend having left a small deposit.

I'd do it this way again but not settle the finance for the seller.