How do you buy an encumbered car?

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.

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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.

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.

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Simplify New Car Loan 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 Compare
IMB New Car Loan 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 Compare	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-$100,000) Fixed1 - 7 Years $5,000 - $100,000	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 Compare
Stratton Finance New Car Loan 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 Compare	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 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 Compare	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.
loans.com.au - New/Demo - Variable Rate Variable3 - 7 Years $5,000 - $150,000	Interest Rate (p.a.) 6.24% to 7.39%	Comp. Rate (p.a.) 7.37% to 8.5%	Application Fee $400	Monthly Fee $8	Monthly Repayment $630.83	Go to siteMore Info Compare
OurMoneyMarket Used Car Loan ($5,000-$100,000) Fixed1 - 7 Years $5,000 - $100,000	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 Compare
Simplify Used Car Loan 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 Compare
Stratton Finance Used Car Loan 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 Compare	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 Variable3 - 7 Years $5,000 - $150,000	Interest Rate (p.a.) 7.39% to 7.39%	Comp. Rate (p.a.) 8.52% to 8.64%	Application Fee $400	Monthly Fee $8	Monthly Repayment $641.54	Go to siteMore Info Compare
RACV Used Car Loans 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 Compare	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 Fixed3 - 7 Years $5,000 - $150,000	Interest Rate (p.a.) 7.59% to 8.79%	Comp. Rate (p.a.) 8.72% to 10.04%	Application Fee $400	Monthly Fee $8	Monthly Repayment $643.41	Go to siteMore Info Compare
Latitude Variable Rate Personal Loan Variable2 - 7 Years $5,000 -	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 Compare	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.

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Frequently Asked Questions

• Is it illegal to sell an encumbered car?

  It is not illegal to sell an encumbered car in Australia, but the seller must disclose that there is finance owing on the vehicle. Failing to do so can result in legal consequences, and the buyer may end up responsible for the debt if it is not settled.

• Is it illegal to sell a car that has finance owing?

  Selling a car with finance owing is legal, but the seller must inform the buyer about the outstanding debt. The buyer may insist that the seller pays off the finance before the sale or arrange for the finance to be settled as part of the sale transaction.

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Written by

Elizabeth Barry

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 211 Finder guides across topics including:

• Banking
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