Vehicle Sale Contract

[jinparksoul]

What is the name of your state? Florida

I wasn't sure if this should go in the auto section or this contract section. If this is in the wrong place, please let me know. I'm seeking advice on a signed a contract with the son of a friend who is an auto repairer to handle the service and repair for my high end vehicle and to purchase it from me once the repairs where complete. The signed contract stated that I would receive insurance checks for the damage/repair and he would make up the difference to an agreed on amount at which point I would then sign the title over to him. I'm guessing he was going to get a cheap car by claiming against the person that hit my car and also claiming diminished value . But that apparently the driver ended up not having much insurance if any and my insurance had to handle the whole claim for the repair. The repair ended up triggering a total loss before any actual repairs had begun. I'm wondering if I'm liable for anything in the contract if there was nothing in it about a total loss eventuallity. I'm also curious as to whether I'm required to fight the insurer to get the vehicle repaired by the insurer.

 

[justalayman]

I'm guessing he was going to get a cheap car by claiming against the person that hit my car and also claiming diminished value .

how could the kid repairing and then buying your car make any claim against any insurance company let alone for diminution of value of a car he doesn't own?

 

[justalayman]

as to what is in your contract, I would suggest you take it to a lawyer who can actually read it and give you an opinion on it. Nobody here has read it.

 

[jinparksoul]

how could the kid repairing and then buying your car make any claim against any insurance company let alone for diminution of value of a car he doesn't own?

No, the owner of the auto repairer is buying the car. The insurer of the person that hit that hit me is liable for diminished value claim and loss of use if the person has adequate property damage coverage.

 

[jinparksoul]

as to what is in your contract, I would suggest you take it to a lawyer who can actually read it and give you an opinion on it. Nobody here has read it.

Ok, thanks. The entire signed contract with just a few things redacted in parens is : The agreement as follows is being entered between (repairer) and (me) . (Repairer) has agreed to purchase the damaged (vehicle) for a sale price of (price) . As agreed between (me) and (repairer) the proceeds for the purchase will come from all of the insurance funds and the balance to be paid by (repairer). (Me) understands that the total amount due to him is (price). (Person) owner (of repair shop) will handle all insurance claims for the (vehicle). (Me) will need to pay off any and all loans on the vehicle. Once he receives the total amount of money agreed upon, (me) will sign over title (repairer) or one its agents. (Repairer) has agree to pay for all transportation from (location of vehicle) to (location of repairer). The car will be secured thru (repairers) insurance policies at all times.

 

[justalayman]

No, the owner of the auto repairer is buying the car. The insurer of the person that hit that hit me is liable for diminished value claim and loss of use if the person has adequate property damage coverage.

but you said:

I'm guessing he was going to get a cheap car by claiming against the person that hit my car and also claiming diminished value

I'm presuming the "he" you are referring to is the repair guy. The fact is YOU would be the only one able to claim diminution of value because you are the one that was damaged due to that. The repair guy also cannot claim against anybody because he was not the owner of the car nor damaged by the accident.


then, from your contract:

.

As agreed between (me) and (repairer) the proceeds for the purchase will come from all of the insurance funds and the balance to be paid by (repairer). (Me) understands that the total amount due to him is (price)

why would anything be due to the repair guy for the purchase of the car? You mixed up the repair issue and the purchase issue. Now you have a mess. If you are having problems, see a lawyer that can look at the entire picture and give you an opinion.

 

[jinparksoul]

but you said:

"I'm guessing he was going to get a cheap car by claiming against the person that hit my car and also claiming diminished value . "

I'm presuming the "he" you are referring to is the repair guy.

No need to presume. The sentence doesn't make lick of sense if the "he" in this sentence is referring to the the person that hit my car. Common sense should have pruned off that interpretation instantly. Also.. no one said anything about a "kid" so I'm not sure where you are deriving "kid" from either.

 

[justalayman]

No need to presume. The sentence doesn't make lick of sense if the "he" in this sentence is referring to the the person that hit my car. Common sense should have pruned off that interpretation instantly. Also.. no one said anything about a "kid" so I'm not sure where you are deriving "kid" from either.

I'm old. I presume everybody on Earth is younger than I, so that makes everybody a kid to me.

and yes, it is an extremely poorly written contract but that does not change the fact it is the contract involved in your situation.

 

[latigo]

What is the name of your state? Florida

I wasn't sure if this should go in the auto section or this contract section. If this is in the wrong place, please let me know.

I'm seeking advice on a signed a contract with the son of a friend who is an auto repairer to handle the service and repair for my high end vehicle and to purchase it from me once the repairs where complete.

The signed contract stated that I would receive insurance checks for the damage/repair and he would make up the difference to an agreed on amount at which point I would then sign the title over to him.

I'm guessing he was going to get a cheap car by claiming against the person that hit my car and also claiming diminished value . But that apparently the driver ended up not having much insurance if any and my insurance had to handle the whole claim for the repair.

The repair ended up triggering a total loss before any actual repairs had begun.

I'm wondering if I'm liable for anything in the contract if there was nothing in it about a total loss eventuality.

I'm also curious as to whether I'm required to fight the insurer to get the vehicle repaired by the insurer.

1. Are you “liable for anything in the contract”?

No. As crazy and ill conceived as this arrangement is *, an agreement to agree in the future is not a contract! To-wit:

. . . he would make up the difference to an agreed on amount . . .

The reason being that it inherently lacks the necessary element of certainty.

Moreover a contract requires a consensus, or as stated "a meeting of the minds". Which is not present here and for obvious reasons the court is not allowed to ascertain the parties’ intentions based on speculation.
_________________________

2. Inasmuch as you write - “my insurance had to handle the whole claim for the repair” - you question regarding a “dispute” with the same carrier strikes as a bit perplexing.

You will need to elaborate.

[SUP][*]Like maybe you had been out in the Florida Sun too long.[/SUP]