DMV

Paying off the Loan on Your Trade-in Vehicle

Paying off the Loan on Your Trade-in Vehicle

If a dealer takes a trade-in from a retail customer as part of the sale of a motor vehicle and there is an outstanding loan balance owing on the trade-in, the dealer must, within 7 days, notify the lien holder in writing that the vehicle has been traded in. The dealer is required by Utah law to pay the lien holder for the trade-in vehicle §Utah Code Ann. 41-3-402 either:

  • within 21 calendar days of the date of sale, or
  • within 15 days of receiving payment in full for the motor vehicle it sold, whichever date is earlier.

Questions and Answers

What obligation does the dealer have if the sale is rescinded and the trade-in vehicle is returned to the customer?

When a sale is rescinded, the dealer, within five calendar days after the rescission, must notify the lien holder in writing that the sale has been rescinded and the trade-in vehicle has been returned to the customer.

What obligation does the dealer have if the payoff is higher than what the dealer agreed to pay on the contract of sale?

If the high payoff is the result of the dealer not paying the vehicle off within 21 days, the dealer is responsible for the additional amount. If the high payoff is the fault of the customer or a result of an error when the lien holder quoted the payoff, the additional amount due is the responsibility of the customer. If the trade-in vehicle has been resold the dealer may have to make the higher payoff to avoid a complaint from the purchaser for failure to deliver title and then take legal steps to obtain the additional amount owed from the customer who traded in the vehicle.


Warrantees and Third-party Service Contracts

If a dealer sells a third-party warranty or service contract to the purchaser of a motor vehicle and collects a fee or premium from the customer, the dealer must pay the warranty or service contract company and ensure the warranty is in effect within 15 days of the date of sale §Utah Code Ann. 41-3-405.

Failure of a dealer to remit the fee within 15 days is grounds for dealer license suspension and allows the customer a cause of action against the dealer for damages that otherwise would have been covered by the warranty or service contract.

More questions?

Contact:

Motor Vehicle Information
P.O. Box 4000
Salt Lake City, Utah 84134
Phone: (801) 297-2600
[email protected]

File a Dealer Complaint

Vehicle Financing Disclosure Requirements

All vehicle sales contracts (purchase agreements) must contain a financial disclosure on the front page of the contract, disclosing how the vehicle is to be financed. The financial disclosure statement must include specific language as outlined in §Utah Code Ann. 41-3-401. The dealer must complete and the customer must sign either section 1(a) or 1(b) of the disclosure.

For more information, please contact the Motor Vehicle Enforcement Division.