If I sell a car and the buyer is on a payment plan, do I need to get a dealer's license in order to hold the title as collateral?

Question Details:

I am a private seller; sold car for $8,000; the buyer is on a 6 month to a year payment plan. The new owner has to re-title the car within 14 days of purchase and cannot do so if I hold the title. Am I liable if the new owner has an accident because I am the title holder as well?

Asked 4/13/2010 under Business | 430 View(s) | More Legal Topics

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Business Law Answers

If the title is in your name, then yes, you could be liable if the new owner gets into an accident. This could be putting you in a very dangerous position. It is possible for you to have a lien or security interest in the car, or the right to repossess it if payments are not made, without still having the title in your name or holding the attorney. A local lawyer should be able to help you draft up something protecting your security interest in the car while not at the same time leaving you potentially liable for someone else's driving. You should consult with an attorney about the best way to do this.

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