Ask a Lawyer: Debtor and Creditor Law

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Property repossession

R (Red deer )

I bought a dirtbike from a private seller 1 month ago. I asked about a lien and the seller said there wasn’t one, however this is not stated on the bill of sale nor did i do a carfax/lien check. Very naive and trusting mistake I have insured the dirtbike but have not registered it yet. Today I received a voicemail from a bailiff as apparently there is a lien on the dirtbike. I have tired to contact the seller but no surprise I can no longer reach him. Do I have any rights or can they just take the dirtbike and I am out a lot of money?

0 9 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

If their lien already existed then your rights are subject to their lien. You'd have to sue the vendor for breach of contract, but that doesn't affect the lienholder's prior rights under the lien.

0 51 days ago

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