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Accident then transfer of ownership?

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saracat

Junior Member
Hello folks,

This is a tricky one.

Let me explain. Hit another car in parking lot. The car was for sale. Not sold yet. Proceed to make an agreement to pay the repairs myself. Other party agrees in principle. On the date of the repairs I call the Auto Shop that is making repairs to make reparations.

the vehicle never showed up for said repairs.

Subsequently I find out that the original owner ahs sold the vehicle in the time period of several months while waiting for an opening at the shop. Making warranty to new owners that I would pay for the damages that were done to the car that were there when they purchased it. All without my prior approval.

It is the new owners who have cancelled the appointment.

I was not notified about any of this. I was operating in good Faith according to an oral agreement for the repairs as I was at fault. (I simply could not afford to have it turned over to my Insurance company).

My question is. Do I still have to honor the agreement with the new owners? I do not know them nor have I spoken to them. The previous owner at time of accident never notified me of any change in the ownership status. He wants to give the new owners all my info and have them call me since they cancelled the appointment.

My contention is that this man has way over stepped the agreement and should have had the repirs done as we agreed prior to making warrantys on my behalf to the new owners.

What say you?

Any help is much appreciated.

Peace,
Dave
 


Zigner

Senior Member, Non-Attorney
My take on this would be that you owe the original owner (at the time of the accident) for the cost of the repairs. You don't owe the new owners anything. You did not damage their vehicle, since it wasn't their vehicle at the time.
 

saracat

Junior Member
P.S.,

I am in Maryland. Sorry for not posting that.:eek:

I believe so too Zigner.

I have had no contact with the new owners nor the previous owner about the change in ownership. I found out through happenstance.

I still haven't heard anything about this other than running into the previous owner in daily course of business and hearing that he had sold it.:( To which I was quite shocked.

I think I am going to let it rest until I hear further.
 

weenor

Senior Member
No one can make a warranty on your behalf without your knowledge. A warranty is a contract so any contract that exists, exists between the old owner and the new one...Furthermore, the old owner cannot go after you for repairs unless the old owner actually pays for them. He has no damage right now.
 

Zigner

Senior Member, Non-Attorney
weenor said:
No one can make a warranty on your behalf without your knowledge. A warranty is a contract so any contract that exists, exists between the old owner and the new one...Furthermore, the old owner cannot go after you for repairs unless the old owner actually pays for them. He has no damage right now.
Unless, in his sales contract with the buyer, he made mention of lowering the price due to the damages. IE: If it was noted that he is reducing the price by $500 due to damage on the vehicle, then he could try to recover that from the OP. This is especially true if he old owner has repair estimates in excess of that amount.
 

teflon_jones

Senior Member
weenor said:
No one can make a warranty on your behalf without your knowledge. A warranty is a contract so any contract that exists, exists between the old owner and the new one...
Yes, this is true. The OP has no responsibility to do anything for the new owner.
weenor said:
Furthermore, the old owner cannot go after you for repairs unless the old owner actually pays for them. He has no damage right now.
Not true. The sale of the car has nothing to do with the damages the OP caused. They are liable for the cost of those damages regardless of whether they were fixed.
 

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