The AD keeps putting liens on the cars I buy for cash! | FerrariChat

The AD keeps putting liens on the cars I buy for cash!

Discussion in 'Ferrari Discussion (not model specific)' started by roma1280, Apr 11, 2025.

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  1. roma1280

    roma1280 F1 Rookie
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    May 2, 2010
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    Palm Beach, Roma
    This is driving me @$&£€*% nuts. On the last two cars I bought, I found out only after, that the dealer put a $1 lien on the car without my permission.
    Of course that means I don’t get the title.

    Yes I signed the right of first refusal paperwork, but nowhere did I consent to a lien being put on the car.

    Not only illegal but infuriating.
     
  2. flash32

    flash32 F1 Veteran

    Aug 22, 2008
    6,709
    Central NJ
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    Dominick
    Is that the way they can ensure that - not sure just a guess ???
     
  3. roma1280

    roma1280 F1 Rookie
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    Yes but it’s illegal and I didn’t consent to it.

    Let’s say you give a real estate broker an exclusive to sell your house, it would be like them putting a lien on your house so you can’t sell it.
     
    technom3 likes this.
  4. rob lay

    rob lay Administrator
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    Dec 1, 2000
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    how are you resolving it?
     
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  5. roma1280

    roma1280 F1 Rookie
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    I called them up and said “take the f******* lien off my car immediately” !!
     
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  6. roma1280

    roma1280 F1 Rookie
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    Dealer told me it’s their policy. They leave it on for 12 months for regular cars and 18 to 24 months for limited cars.

    I told them to remove the lien, they can show me a price to buy back the car (296gts) or if not confirm I am free to do whatever I want with it.
     
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  7. energy88

    energy88 Three Time F1 World Champ
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    Not an attorney, and you didn't cite the location, but I would think a Right of First Refusal would be considered a contract and would trump a lien since you imply paying the full balance for the vehicles. Since no money is owed for property or services, the lien is probably not valid and is actually for $0.00 and not $1.00, which might be considered an erroneous (or fraudulent) claim.

    Perhaps you may want to consider taking the dealer to Small Claims Court.
     
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  8. roma1280

    roma1280 F1 Rookie
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    They are releasing the lien now and I offered them the car in writing (which they politely declined) so I think I should be good. But now I need to mess around to get the title. Florida DMV is still showing a lien.

    They also sent me a piece of paper that I signed (together with the other 30 pieces of paper they made me sign when I picked up the car) where in the small print it says if I sell the car without offering it to them first they get an automatic $100,000. Jeez, I need to start reading these things more carefully.
     
  9. rob lay

    rob lay Administrator
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    whatever dealer is trying to pull the **** needs to be exposed.
     
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  10. gilly6993

    gilly6993 F1 Rookie

    Aug 20, 2009
    2,547
    Longmeadow, MA
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    ROFR is a joke and not enforceable......I would absolutely apes&*t if a dealer put a $1 lien on a car I bought for cash
     
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  11. 19633500GT

    19633500GT F1 World Champ
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    According to Chapter 319 Section 27 of the Florida Statutes, a dealer must indicate when/if they are placing a lien on your vehicle (notification to lien holder) which, the piece of paper you signed and "consented" to would be this, HOWEVER, I'm willing to bet in the signing process, they did NOT explicitly state to you what you were signing for on that page, and what it indicated.

    (I'm not a lawyer, I just hate jerks)
     
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  12. 375+

    375+ F1 World Champ
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    +1 absolutely
     
  13. roma1280

    roma1280 F1 Rookie
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    As soon as the lien is off and I have a title I’ll be happy to share!
     
  14. rg88

    rg88 Formula Junior

    Feb 10, 2024
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    Paradoxically it's a sign of insecurity on their part. Pitiable really. FNA might also feel something about them?
     
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  15. mkraft3003

    mkraft3003 Formula 3
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    Aug 20, 2016
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    You definitely should read the documents that you sign. One of the documents you signed would have been called "Application for Certificate of Motor Vehicle Title). It is Florida form 82040. In section 4 it would indicate if there was a lien or not.
     
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  16. rg88

    rg88 Formula Junior

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    Putting an unwarranted cloud on title surly must be void ab initio.
     
  17. fatbillybob

    fatbillybob Two Time F1 World Champ
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    I hate acronyms. What is AD?
     
  18. mkraft3003

    mkraft3003 Formula 3
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    Possibly, however it may be contracted for in the ROFR agreement. Some dealers (Ferrari and Porsche) have been known to place that in the agreement. If it's not in the agreement and it was just placed on there without the buyers knowledge that may possibly be fraud and reported to the AG office (just a general statement and not saying it was in this case, since we do not know all of the facts)
     
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  19. mkraft3003

    mkraft3003 Formula 3
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    Usually Authorized dealer.
     
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  20. fatbillybob

    fatbillybob Two Time F1 World Champ
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    Thanks...I never understand why people write in acronym and AENWTATA
     
  21. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
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    If you paid the dealer $1, wouldn't the lien be removed?
     
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  22. Ivan Drago

    Ivan Drago Formula 3

    Jul 14, 2021
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    Ivan Drago
    @roma1280 You mentioned this is the second car they put a lien on. Were you able to get them to remove the first one?
     
  23. SoCal to az

    SoCal to az F1 World Champ
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    Nov 25, 2012
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    Safe to say you are done buying Ferraris. Atleast from this dealer?
     
  24. DreamCarrera

    DreamCarrera Formula Junior

    Oct 25, 2006
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    Eric


    Wow, you learn something new every day. I've dealt with some really shady dealers but this is a new one for me. I can't imagine how pissed I'd be in this situation - paying cash for a car and then discovering that there is a lien on the car which was placed there by the seller. If this is the seller's/dealer's MO then they should be making it CRYSTAL clear to the buyer what they are doing...otherwise, I'd have to think this is illegal. Then again, what buyer would willingly agree to this BS sales agreement?

    I agree with Rob. This dealer needs to be exposed. How many of their customers are currently driving around in their cars - blissfully unaware that they actually have a lien on the car when they think they own it outright?
     
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  25. gliazzurri

    gliazzurri Formula Junior

    Jun 11, 2016
    452
    Maryland
    This is nonsense. Tell which dealer. If you didn’t sell the car but merely wanted to retitle elsewhere this is still an issue and is absurd. You still have it but maybe want it relocated to different state registration. That is some bullshoot stuff going on there.
     
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