Buyers of used cars are always taking risks. In addition to the risks associated with the technical condition of the car, there is also the risk of buying a car that has a ban on its sale, for example, if it is pledged or under arrest. Of course, it is better to be insured and check the car in advance before buying. But if you still encounter such a problem, it means that you have been cheated. In this article you will find the answer to the question – what to do if you bought a car under arrest.
Arrest imposed on a car after purchase
If you bought a car, after which it was seized, it means that in fact the seizure was imposed on the previous owner, but the data on the seizure was removed from the register. This is fraud.
This scheme to defraud the buyer is quite common. Why does it happen? A specific scheme for entering data into the register of seized property makes it possible to cheat. If the owner does not timely update the data in the register, then after 3 years the record of the car is removed from the register. This makes it possible to sell the car, which is actually under arrest. Therefore, be careful when buying cars, if the history has information about the arrest of the car 3-5 years ago, even if at the moment it has no restrictions on the history.
In addition, not only state executors have access to registries, but also notaries, who can remove a car from the registry for a bribe. As a result, the buyer learns that the car is, for example, pledged to a bank or other creditors or arrested for non-payment of fines by the previous owner only after the purchase.
When a purchased vehicle is arrested, the new owner needs to seek the help and advice of a lawyer.
Bought a car with a lien on it
A lien is one of the encumbrances that prevent the registration of a purchased vehicle. When you buy a used car, there are many nuances that must be specified in a typical sales contract. In particular, it is obligatory to specify that the car is not pledged property, and accordingly there can be no obstacles to registration actions.
However, there are situations when a seller offers for sale a car that is subject to a lien. The operation of selling pledged property is illegal. Often, when selling such a car, the seller offers the transaction not under a contract, but under a power of attorney. A lien is not a seizure, but unfortunately for the buyer the consequences of buying a pledged car are similar to those of buying a car under seizure.
What to do if your car is under arrest
When it comes to a collateralized vehicle, it is practically impossible to resell it. There is no point in going through the courts, as there is a high probability that the car will be seized and the money will never come back to you, as the seller has already squandered it.
There are other ways to handle the situation:
- Cancel the sales contract based on the fact that the seller provided incomplete or false information about the vehicle.
- Repay the fines issued to the previous owner yourself and then re-register.
- Simply use the car without re-registering it until the previous owner pays off his debt and revokes the registration.
How to unseize a car
You bought a car that ended up in an arrest, or the arrest was imposed after you bought the car – in both cases it is in your best interest to solve the problem and remove the arrest from the car. How to do it?
The first step is to:
- Determine by which authority the vehicle was seized.
- Contact the authority and find out what steps are necessary to remove the arrest.
Next, you need to consistently fulfill the requirements of the authority that has seized your car in order to get the seizure lifted. If the requirements of the arresting authority are related to the payment of a large amount of money, or if the car is subject to pledge, the arrest can only be lifted through the court. The court practice in such cases tends to favor the buyer’s side; the law exempts third parties from liability, but the buyer will have to pay court fees and attorney’s fees.
There is a possibility that the previous owner of the car also did not know about the arrest on the car. But you should not rely on the goodwill and decency of the seller. Under any circumstances, it is necessary to prepare for court and seek the assistance of lawyers who will help determine the most effective way of acting in this situation.
If the requirements of the arresting authority are feasible, you need to follow this algorithm of actions:
- To find out the amount owed.
- Repay in full the debt for which the restriction was imposed.
- Write an application requesting the removal of seizure from the car, which will be sent to the relevant authority, indicating the amount of the debt. The application must be accompanied by a copy of the receipt for payment of the debt.
After receiving your application, the competent authority will review it and make a decision to lift the restrictions. After receiving the decision to lift the arrest, you must submit it to the traffic police to re-register the car to you as the owner. In this way, you will regain full ownership of the car.
How to check a car for arrest
You can use different tools to check your car for an arrest. For example, you can request a certificate of arrest from the registration chamber, Department of Motor Vehicles. You can also find the information you need on online resources. Some government agencies provide online tools to check if your car is under arrest. You can use the official websites of these government agencies to perform the check.
The easiest way to find out if a car is under arrest is to check the car for arrest by VIN code. Checking a car’s VIN number reveals any technical problems and any encumbrances that prevent you from making a legitimate deal. By getting a report on the car’s history, you will know if the car is a lien on a loan or is under arrest. Thus, you will protect yourself from risks when buying a used vehicle.
