Finder makes money from featured partners, but editorial opinions are our own.

How do you buy an encumbered car?

Found your perfect car, but it's under finance? Find out what you need to know about encumbered vehicles and compare car loans now.

If you're looking to buy a used car that's still under finance (also called an encumbered car), you must understand how the buying process works to ensure you don't run into complications down the line.

With an encumbered car, the debt is attached to the vehicle itself, not the owner, so it can cause major problems if you buy a car still under finance.

Read our guide on what to look out for when purchasing an encumbered car and compare your finance options below.


What is an encumbered car?

An encumbered car is simply one that was purchased with a secured car loan with the vehicle held as security for that loan. It isn't necessarily a bad thing; in fact, many cars are financially encumbered. Your own car is considered encumbered if you purchased it with a secured car loan that you haven't completely repaid yet.

Secured car loans are attached to the vehicle. The lender gives the money to the buyer with the condition that if they fail to repay the loan, the lender can take ownership of the vehicle to recoup costs. It is perfectly legal to sell a car that is under finance, but you should always notify the buyer and arrange for the rest of the loan to be paid off before you sell it. As a car buyer, you're legally responsible for verifying whether a privately sold car has a "clear title" (no money owed) or the amount of any outstanding debt tied to it.

Cars purchased with unsecured loans, credit cards or cash are not encumbered because the buyer has paid for the car with their own money or with a loan that they are personally liable for.

What's the issue with buying an encumbered car?

Buying a car that's under finance is essentially the same process as buying a property. The buyer uses cash or a loan to pay the seller, who uses the sale money to pay back their loan. However, unlike property, a secured car loan is linked to the car, not the owner.

The loan is secured against the car regardless of who owns the vehicle. If the seller does not pay back the money owed, the car can still be seized even if it has been bought by someone else.

This makes the purchase slightly more complicated than if you were to buy an unencumbered, or free title, car.

To ensure that you're not taking on a debt-riddled vehicle, you need to take some extra steps to protect yourself. While the seller should notify you if the car is encumbered, you should always ask if a car is under finance before agreeing to buy it.

In a worst-case scenario, if you buy a car with an unsettled loan attached to it, the vehicle can legally be repossessed by the lender on default of repayments.

How do you actually buy a car that's encumbered?

Buying an encumbered car is relatively straightforward and much the same as buying a normal car. There are just a couple of extra steps you'll need to take. These are:

  • Ask the owner about financing. If the owner is open and honest about how the car is financed, it's a good sign that they are genuine and that the car is worth pursuing further. If they attempt to hide or don't know about any money owing on the car, it's probably worth looking at another vehicle. To be safe, get the seller to request a payout letter be sent from the finance company to you, confirming the balance owed. You could always ask them to pay off the loan, but chances are, if they are selling without having done so already, they need the proceeds from the sale to do so.
  • Do a PPSR check. The Personal Property Securities Register (PPSR) is a government database of all personal property used as security against a loan. Entering the Vehicle Identification Number (VIN) and registration details, you can get a report on any vehicle in Australia. Ideally, the report should align with what the owner has told you about the vehicle. The online check costs $2 and could save you from losing out financially.
  • Where's the VIN? Every vehicle has a unique VIN; you'll find it stamped onto a plate under the bonnet, on a chassis rail, on the door jamb or sometimes in a little cut-out at the bottom of the windscreen. The exact location depends on the brand as car manufacturers stamp their VIN numbers in different places. If there are signs the VIN plate has been replaced or tampered with, this would be a cause for concern. If any of the details on the search certificate don't match up, the seller could be running a scam. A vehicle's VIN should correspond with the one printed on the registration certificate. If the car was built before 1989, it may not have a 17-digit VIN and instead have a chassis number. PPSR recommends you carry out the check on the day prior to, or the day of buying the car to make sure nothing has changed since your original search (a dodgy seller could take out a loan in the time between your original search and completing the sale).
  • Negotiate the sale process. The seller will most likely need your money to pay back their loan, which will end the encumbrance. However, you don't want to hand your money over until the car is finance free. Still, you can't guarantee they won't just take the money and run. The solution is to do it at the same time. This is exactly how real estate is transferred. Finalise the sale in the office of the seller's financing company or bank, so they can pay off the car loan as you give them the money. You could also pay the bank directly, paying the remainder to the car's owner.

Should I buy a car that's financed?

There is nothing wrong with buying a financed car, but you need to take precautions and do a bit of due diligence before committing. The responsibility is on you to ensure that the car doesn't have any outstanding finance, or if it does, to make sure that the seller pays off the loan before you take ownership of the vehicle. If the car is particularly unusual, like a classic car or special edition and you simply must have it, the extra bit of effort will be worth it.

Dealers are obliged to prove that their cars aren't under any sort of financing contract and have much more to lose by misleading buyers. However, private sellers are not subject to the same regulations, so make sure you do the proper checks.

If you find the right car, don't be put off by existing finance. Just make sure everything is out in the open. Be wary of offers that seem too good to be true. And, if you like, use the fact that the car is encumbered to haggle a better deal.

Compare car loans now

{"visibility":"visibilityTable","ctaLabel":"Calculate","tableCode":"AUFCL_COMPARISON_V2_TABLE","nicheCode":"AUFCL","fields":[{"name":"LOAN_AMOUNT","value":"20000","options":"","label":"Loan amount","suffix":"$","useSuffixAsPrefix":true,"useDropDownOption":false,"tooltip":""},{"name":"PERIOD","value":"3","options":"","label":"Loan term","suffix":"years","useSuffixAsPrefix":true,"useDropDownOption":false,"tooltip":""}]}
1 - 13 of 95
Name Interest Rate (p.a.) Comp. Rate (p.a.) Application Fee Monthly Fee Monthly Repayment
Simplify New Car Loan
Simplify Finance logo
Fixed1 - 7 Years $10,000 - $300,000
Interest Rate (p.a.)
6.19%
to 18%
Comp. Rate (p.a.)
6.6%
to 23%
Application Fee
$395
Monthly Fee
$0
Monthly Repayment
$622.21
Go to siteMore Info
loans.com.au - New - Variable Rate Special
loans.com.au logo
Variable3 - 7 Years $5,000 - $150,000
Interest Rate (p.a.)
6.24%
to 7.74%
Comp. Rate (p.a.)
7.36%
to 8.85%
Application Fee
$400
Monthly Fee
$8
Monthly Repayment
$630.83
Go to siteMore Info
IMB New Car Loan
IMB logo
Fixed1 - 7 Years $2,000 - $125,000
Interest Rate (p.a.)
6.24%
Comp. Rate (p.a.)
6.59%
Application Fee
$274.78
Monthly Fee
$0
Monthly Repayment
$619.01
Go to siteMore Info
You'll receive a fixed rate of 6.24% p.a.
A low minimum borrowing amount of $2,000 that you can use to purchase a new car or one that's up to two years old.
OurMoneyMarket New Car Loan ($5,000-$75,000)
OurMoneyMarket logo
Fixed1 - 7 Years $5,000 - $75,000
Interest Rate (p.a.)
6.57%
to 18.99%
Comp. Rate (p.a.)
7.19%
to 21.78%
Application Fee
$250
min.
Monthly Fee
$0
Monthly Repayment
$622.82
Go to siteMore Info
Stratton Finance New Car Loan
Stratton Finance logo
Fixed1 - 7 Years $10,000 - $300,000
Interest Rate (p.a.)
6.52%
to 18%
Comp. Rate (p.a.)
6.95%
to 23%
Application Fee
$395
Monthly Fee
$0
Monthly Repayment
$625.27
Go to siteMore Info
You'll receive a fixed rate from 6.52% p.a. depending on the lender you are approved with.
Apply for up to $300,000 and use cash or trade in a vehicle to use as a deposit. Optional balloon payment available.
RACV New Car Loans
RACV logo
Fixed1 - 7 Years $5,000 - $150,000
Interest Rate (p.a.)
7.29%
to 16.99%
Comp. Rate (p.a.)
8%
to 17.77%
Application Fee
$499
Monthly Fee
$0
Monthly Repayment
$635.67
Go to siteMore Info
You'll receive a fixed rate from 7.29% p.a.
A larger loan of $5,000 or more to help you buy a new or used car. 5-hour pre approval available and no ongoing fees.
OurMoneyMarket Used Car Loan ($5,000-$75,000)
OurMoneyMarket logo
Fixed1 - 7 Years $5,000 - $75,000
Interest Rate (p.a.)
6.57%
to 18.99%
Comp. Rate (p.a.)
7.19%
to 21.78%
Application Fee
$250
min.
Monthly Fee
$0
Monthly Repayment
$622.82
Go to siteMore Info
Simplify Used Car Loan
Simplify Finance logo
Fixed1 - 7 Years $10,000 - $300,000
Interest Rate (p.a.)
6.19%
to 18%
Comp. Rate (p.a.)
6.6%
to 23%
Application Fee
$395
Monthly Fee
$0
Monthly Repayment
$622.21
Go to siteMore Info
Stratton Finance Used Car Loan
Stratton Finance logo
Fixed1 - 7 Years $10,000 - $300,000
Interest Rate (p.a.)
6.52%
to 18%
Comp. Rate (p.a.)
6.95%
to 23%
Application Fee
$395
Monthly Fee
$0
Monthly Repayment
$625.27
Go to siteMore Info
You'll receive a fixed rate loan from 6.52% p.a. with a comparison rate of 6.95% p.a.
A used car loan of up to $300,000 with quick approval times and balloon payment options.
loans.com.au - Variable Rate Used Car < 5 years
loans.com.au logo
Variable3 - 7 Years $5,000 - $150,000
Interest Rate (p.a.)
7.74%
to 7.74%
Comp. Rate (p.a.)
8.85%
to 8.99%
Application Fee
$400
Monthly Fee
$8
Monthly Repayment
$644.82
Go to siteMore Info
RACV Used Car Loans
RACV logo
Fixed1 - 7 Years $5,000 - $150,000
Interest Rate (p.a.)
8.49%
to 16.99%
Comp. Rate (p.a.)
9.21%
to 17.77%
Application Fee
$499
Monthly Fee
$0
Monthly Repayment
$647.01
Go to siteMore Info
You'll receive a fixed rate from 8.49% p.a.
Benefit from no ongoing fees, 5-hour approval and a 21-day satisfaction guarantee. Interest rate discounts for members.
loans.com.au - Fixed Rate Used Car < 3 years
loans.com.au logo
Fixed3 - 7 Years $5,000 - $150,000
Interest Rate (p.a.)
7.59%
to 8.79%
Comp. Rate (p.a.)
8.7%
to 10.04%
Application Fee
$400
Monthly Fee
$8
Monthly Repayment
$643.41
Go to siteMore Info
Latitude Variable Rate Personal Loan
Latitude Financial Services logo
Variable2 - 7 Years $5,000 - $70,000
Interest Rate (p.a.)
9.49%
to 29.99%
Comp. Rate (p.a.)
10.37%
to 30.69%
Application Fee
$0
Monthly Fee
$13
Monthly Repayment
$653.57
Go to siteMore Info
Special Finder offer: $395 establishment fee waived for approved personal loan applications submitted through Finder. Latitude may withdraw offer at any time. T&Cs apply.
loading
Showing 13 of 13 results

Frequently Asked Questions

Picture: Shutterstock

Elizabeth Barry's headshot
Lead Editor

Elizabeth Barry was the lead editor for Finder. She has over 10 years' experience writing about a range of topics with a focus on personal finance. You’ll find her writing and commentary in a range of publications and media including Seven News, the ABC, MSN, the Irish Times and Singapore Business Review. See full bio

Elizabeth's expertise
Elizabeth has written 212 Finder guides across topics including:
  • Banking
  • Personal finance
  • Investing

More guides on Finder

  • Car loans for classic cars

    Want to buy a classic car but don't have the ready money? There are still financing options available for classic vehicles. Find out what loans you have to choose one and which one will work best for you.

  • Rent an Uber car in the Gold Coast

    There's a way you can drive with Uber without using your own car – find out how.

  • Rent a car for Uber in Canberra

    Find out how you could rent a car to drive with Uber in Canberra

  • Tesla Superchargers Map: Where you can charge in Australia

    Find out the extent of Australia's Tesla Supercharger network with our complete map of every charging station.

  • Putting down a deposit for a used car

    Find out everything you need to know about used car deposits, including whether you can get a refund.

  • Rapid Finance Bad Credit Car Loan

    Having a couple of bad spots on your credit history doesn't have to stop you from getting a car loan. Rapid Finance provides quick assessment and reviews every application based on your current financial situation. See the benefits and find out if you're eligible.

  • loans.com.au Vehicles More than $10k Fixed

    If you’re looking to buy a new or used car valued at more than $10,000, loans.com.au’s ‘Vehicles More Than $10k Fixed’ car loan is designed with you in mind. This secured loan offers a competitive fixed interest rate and the security of knowing how much your repayments will be. You can borrow amounts ranging from $10,000 to $100,000 for a period between three and five years.

  • bankmecu goGreen Car Loan

    The goGreen Car Loan from bankmecu offers minimal fees and competitive rates to help borrowers buy environmentally-friendly cars. Your account can conveniently be accessed 24 hours a day, direct salary deposits can be set up and extra payments are encouraged and never penalised. Check that you meet all eligibility requirements and have important financial and personal documents (as well as a valid driver’s licence) on hand when submitting the application for approval. Be sure to compare bankmecu’s rates to other car loan offers so that you can be confident that you’re getting the best* rate possible.

  • Cheap Car Loans Australia

    When you're shopping around for a new car, you surely want the cheapest car loan possible.

  • First Car Buying Guide

    Thinking about buying a car to get to uni? Find out everything you need to know about buying a car as a student, including where to look for one and how to get finance.

Ask a question

You are about to post a question on finder.com.au:

  • Do not enter personal information (eg. surname, phone number, bank details) as your question will be made public
  • finder.com.au is a financial comparison and information service, not a bank or product provider
  • We cannot provide you with personal advice or recommendations
  • Your answer might already be waiting – check previous questions below to see if yours has already been asked

Finder only provides general advice and factual information, so consider your own circumstances, or seek advice before you decide to act on our content. By submitting a question, you're accepting our Terms Of Service and Finder Group Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Go to site