Buying a used vehicle

Moussa has just obtained his driver’s license at the age of 20.
He has also just graduated from college after three years of hard work.
Proud of their son, Moussa’s parents recently made good on their promise to give him a cheque for $5,000.00 so that he could buy his first car, at his own expense.
After scouring classified ads and websites such as Kijiji, Moussa finally found the gem he was looking for: a red 2004 Ford Mustang for $6,500.00.
What luck!
Fortunately, over the past few summers, he had managed to save a not inconsiderable sum of $2,500.00, which was to help cover the initial costs.
Moussa contacted the current owner, Mr. Kirouac, to arrange a time and place to meet for a vehicle inspection and transfer of ownership.
On the day of the meeting, the young boy, satisfied with his inspection and eager to show off his new find to his friends, reached an agreement with Mr. Kirouac and handed him a cheque for $6,500.00.
They then shake hands in gratitude.
A few weeks later, Moussa received a call from the bank.
The representative explained that Mr. Kirouac had given his Ford Mustang as collateral for a personal loan.
As he was in default, she added that unless Moussa repaid the loan, which amounted to $10,000.00, she would be obliged to do whatever was necessary to have the car seized.
Did you know that there are important steps to follow when buying a used car from an individual?
Moussa should have checked with the Registre des droits personnels et réels mobiliers (RDPRM) to make sure there were no debts or encumbrances on the used car before buying it.
If there is a debt or charge on the car, the bank or any other creditor has the right to repossess it, even if you now own it and have no debt yourself.
As for Moussa, all he has to do now is sue Mr. Kirouac for repayment of the sale price.
However, he’ll need some luck, since he’s not even in a position to repay his loan… If you’re facing a situation like this and need advice, you should consult a lawyer.