Opinion Number

Dear Mr. Reeves:

You recently wrote requesting an opinion regarding the repossession of motor vehicles. Specifically, you ask whether a seller of motor vehicles licensed under the Louisiana Sales Finance Act may repossess a vehicle without recording a lien with the Department of Motor Vehicles. The dealers believe that they have a contract of sale and a retail installment contract signed by the consumer, and therefore, they do not need the benefit of a lien.

The Louisiana Civil Code states that a sale is perfected between the parties when they agree on object and price, even though the object…