Is it illegal to sell an installment car, and can a car bought in installments be sold

If the installment purchase of the motor vehicle, before the loan is repaid, the ownership of the vehicle is mortgaged to the lending bank or financial company, if the mortgage is not released privately, it is a malicious arrears not to be repaid, and the amount is large and it is suspected of fraud. As long as the loan is paid off and the vehicle registration certificate is obtained, it can be sold.

Legal analysis

When a car is bought in installments, the ownership of the vehicle generally belongs to the seller, at least it has been mortgaged to the seller. Therefore, it is not possible to register the ownership of the vehicle at the DMV before you have paid the full payment or cancelled the mortgage registration. Therefore, you should be cautious when purchasing.

Auto consumer loan is a new type of loan guaranteed by banks to car buyers who purchase cars at their authorized dealers. Loan to buy a car refers to the loan issued by the lender to the borrower who applies to buy a car, which is actually borrowing money from a financial institution to buy a car, but the financial institution requires the car buyer to pay a certain percentage of the down payment and provide proof of repayment ability, no bad credit history, and must meet the requirements of the financial institution to apply for a loan to buy a car. You can sell it after the loan is repaid, but you can't sell it before it is repaid.

Because when applying for a car loan, the property rights of the car have been transferred to the lending institution. The lender only has the right to use the car, not the right to dispose of it. In accordance with the regulations, the creation, alteration, transfer and termination of immovable property rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Legal basis

Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 224 The creation and transfer of movable property rights shall take effect upon delivery, except as otherwise provided by law.

Hello, if you want to sell an installment car, you can't transfer the ownership, and if you want to sell it, it must be sold illegally. This is also a violation of the loan contract, it is illegal.

Hello, it is not illegal to sell an installment car, then. Generally speaking, as long as the bank returns the money on time, it is fine.

There is no violation of the saying that installment payments are not illegal, unless you divide the car and the bank will have a bad record.

This is not illegal, and it is generally not allowed to buy and sell vehicles during the loan repayment period, so you will have a bad record.

If you sell the car as soon as possible, the loan will not constitute a violation, and if you don't return it to the bank, you will have a bad record, which will have a great impact on the future.

Generally speaking, it depends on how many car purchase agreements you have at the beginning, that is, how the installment loan agreement is signed, if there is an agreement, it is forbidden to sell the car before the repayment is completed, then you cannot buy and sell.

Hello, you can sell the car, just use the money from the sale of the car to repay the loan, and then cancel the mortgage registration, and then handle the transfer.

Yes, but you need to negotiate with the buyer, you need to advance money, pay back the balance of the car, and the car can only be traded after the car is released. Scatter the pre-backup.

If the transfer of ownership cannot be made immediately, the following steps are required to complete the procedures for the general phased vehicle:

1. Pay off the outstanding installments at one time.

2. Let the installment bank (or loan company) take your documents to the DMV to release the mortgage.

3. Get the "vehicle property right registration certificate" (the property right of the loan car is generally in the bank).

4. Generally, it can be transferred in about two days.

Legal basis: During the mortgage period in Article 406 of the Civil Code, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.

Summary. Because without the consent of the debtor or without the effective legal documents of the people's court to enforce the law, it is illegal to claim rights by embezzling the property of others.

Hello. No, if you buy a car in installments, before the loan is paid off, the ownership of the car belongs to the bank, and the individual only has the right to use it, and cannot buy or sell. If you want to transfer the mortgage purchase, you need to do it after the loan is paid off.

In the process of repayment, the individual should keep the repayment list, and the vehicle needs to show the repayment list when handling the transfer.

If you want to buy orange pei, you can buy a few of the remaining money. Or you need to advance the middle limb of the car seller, and you can only buy it after paying back the balance in full. Because the car loan has not been repaid, the car capital is placed in the bank, and there is no way to do the transfer of the company if you don't get the money after repaying the money.

The goods and the bureau car bought in installments, the installment company drove away without my consent, and now it is sold without my consent, and the ownership has not been transferred, and the truck is now in the DMV, what do I need to do now? Do they have the right to concede?

Hello, they don't have the right. It can't be sold without the owner's consent.

You can call the police.

Because without the consent of the debtor or without the effective legal documents of the people's court to enforce the law, it is illegal to claim rights by embezzling the property of others.

Because of the cracks in the epidemic register and our floods last year, we didn't make any money, and we owe them installment money, and now they installment companies go directly to the procedures of the affiliated state closed transportation company, I don't know at all, I still have an affiliation agreement, but the driving license is the name of the affiliated company, but I have the affiliation procedures issued by the affiliated company, which states that the owner is my grandson.

Hello. You are buying a car as a guarantor of the company.

However, under normal circumstances, the car damage loan company will go to collect the car after the borrower exceeds the reserve period for more than one month, and after the car is recovered, generally more than three months, if the owner does not come to deal with it, it will be sold to the car dealer as a mortgage, and the car dealer will sell it to the buyer at a low price, which is not protected by law.

I owe the installment company to this state installment money, this is a fact, and now they sold the truck without my consent, and I didn't know what the contract was with the installment company at that time, and now they sell the car without permission.

It is not reasonable to buy a car without permission.

In any case, do I have to get my consent?

It is legal to collect the car. Buying a car is not reasonable.

Yes. I don't have the right to stop them from transferring the title until I say yes, as long as it doesn't break the law.

Yes. You'd better pay back the other party's loan.

The money must be repaid, so let's just say what should I do with the current situation.

Alarm handling. Negotiate with the other party first, and if you can't negotiate, you will call the police to deal with it.

Installment cars can be sold, but because installment cars are often mortgaged, and the mortgage cannot be separated from the creditor's rights and transferred separately, the buyer cannot temporarily handle the transfer of ownership of the vehicle and obtain the ownership of the vehicle before the seller pays in full.

Legal basis

Article 406 of the Civil Code.

During the mortgage period, the mortgagor can transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.

If the mortgagor transfers the mortgaged property, it shall notify the mortgagee at the right time. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the creditor's right shall be owned by the mortgagor, and the part that is insufficient shall be repaid by the debtor.

Article 407.

The mortgage may not be transferred separately from the claim or used as security for other claims. Where the creditor's right is assigned, the mortgage right securing the creditor's right shall be transferred together, except as otherwise provided by law or otherwise agreed by the parties.

Summary. Hello, this can be sold, but if you sell it, this installment fee still needs to be repaid normally. The cost of this car can be negotiated by both parties, as long as it is negotiated.

Hello, Li Hanchuan can sell this, but if you sell it, this installment fee still needs to be repaid normally. The cost of this car can be negotiated between the two parties, as long as the old man and Lu Shang are good.

Hello, my friend bought a used car in installments and put it in his wife's name. Now his lover has taken away the motor vehicle book, and no one can be found.

In this case, you can go to the DMV to negotiate and communicate.

Can he sell the car like this? Big Ben has not yet been secured by a bank.

The owner of the car is a woman, and the loan she handled in April this year to buy a car, and the second-hand car she bought, Daben took the car and procedures away without asking Gao Xiangchun to mortgage the bank, can she sell it at a loss.

If the normal procedures are not complete, it cannot be sold.

It's been two months, and he can sell it in other ways, right?

Yes. Well, there's no other way, is there? After all, the owner of the car is her.

Yes, there is no other way around this.

If the buyer and seller reach an agreement through negotiation, they can pay in installments when buying the car. Installment payment is a type of performance, and the parties may agree on the performance method of installment payment in the sales contract in accordance with the dusty silver method, as long as the clause is entered into by the parties in accordance with the law, it is valid.

Where the first paragraph of Article 19 of the Provisions on the Registration of Motor Vehicles applies for transfer of registration, the current owner of the motor vehicle shall fill in the application form, submit the motor vehicle for inspection, and submit the following certificates and vouchers: (1) the identity certificate of the current owner of the motor vehicle; (2) Proof and voucher for the transfer of ownership of motor vehicles; (3) Registration certificate of mobile fighting vehicle; (4) Motor vehicle driving license; (5) For motor vehicles under customs supervision, the Certificate of Release of Supervision of Vehicles under Customs Supervision of the People's Republic of China or the transfer certificate approved by the Customs shall also be submitted; (6) If the motor vehicle exceeds the validity period of the inspection, the motor vehicle safety and technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted.

Legal analysis: can the installment car be sold: the installment car can not be sold before the loan is repaid, the ownership of the installment car is not the purchaser, the installment car is generally mortgaged to the lending institution, and the mortgage registration.

Nowadays, most of the car purchases are in the form of retention of ownership, and the ownership of the car is mortgaged and does not belong to the user until the consumer has paid the full price of the car. It is precisely because of this that there are often incidents of consumers being deceived by car dealers who lack integrity.

Legal basis: Article 410 of the Civil Code of the People's Republic of China If the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be repaid in priority with the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.

If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property. If the mortgaged property is discounted or sold, it shall refer to the market**.

Legal analysis: For the car that is being paid in installments, the owner actually only has the right to use the vehicle, and the ownership still belongs to the bank or auto finance company, and the owner has no right to sell or transfer the car to others before the loan is paid off. So in order to be able to sell the car, the owner can have the following methods to repay the loan in advance and then sell the car to transfer the ownership.

Legal basis: Article 410 of the Civil Code of the People's Republic of China If the debtor fails to perform the debts due or the parties agree to realize the mortgage right, the mortgagee may agree with the mortgagor to be compensated in priority with the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.