turbodan wrote:I've never owned a brand new car, so I've never had to make payments or anything like that. But I dont think you own the car based on your down payment.
The car is owned based on the purchase and sale documents - with or without a down payment. The title is evidence of that ownership. While the bank does not own the car, they do own the right to have the loan repaid. The bank has a lien on the car (shown on the title) which helps to enforce their right to loan repayment.
turbodan wrote:I If you still owe 30k of monthly payments through 2012 or whatever, you haven't paid for it yet. You don't own it until the bank sends you the title in the mail.
That is
not correct. It is important to understand the difference between owning the car, and owing the payments on the car. The bank's right to own the car does not attach unless and until there is a default on the loan agreement.
turbodan wrote:IBut thats just the way I see it.
It's important to understand why the way you see it is not correct. While the bank
is “trust”ing the borrower to repay the loan and it
is wrong for the borrower to jeopardize that loan repayment (value of car), the car does not constitute trust property and the owner of the car is
not a trustee. Therefore, the borrower is not bound by the “prudent man rule”.
turbodan wrote:I don't doubt BMW would void your warranty if you had the computer remapped. Especially if you have any sort of problem where they might come across any evidence of modification. Definitely if you have any real problems like a blown turbo.
I can envision situations which could result in someone being arrested for attempting to have BMW repair a vehicle under warranty after removing signs of having modified the car.
Tammer in Philly wrote:In the above scenarios, I would say the person who has borrowed $50k they don't have on hand to buy a BMW doesn't own the car.
That argument finds its currency in philosophy. Not law, economics or finance...
Tammer in Philly wrote:They don't have the means to take full legal possession, and are in constant danger of the car being re-possessed.
That's simply not true. Someone who buys a $50,000 car with $100 down takes no less "full legal possession" then someone who walks in with $50,000 in cash.
Tammer in Philly wrote:The person who borrows $50k because the loan is cheap, and invests $50k elsewhere does own the car, because at any moment they could pay it off in full. Perhaps the difference is semantic, but it's significant--it's impossible to go upside-down on an item you own outright.
What you've said is significant because it goes to net worth, what you've said is not significant as it relates to ownership. Ownership does not depend on equity.