car sale, buyer in jail

[krfjmuunc]

I was in the process of selling my car. The buyer paid all but $200, which was to be paid in 2 weeks. He had possession of the car, and in the interim, committed a crime. He is currently incarcerated (and may be for a long time). I retrieved the car from the impound since I am still the registered owner. Can I resell the car and pay him what he has given me, minus costs incurred (to get out of impound, etc.)? If not, where should I go from here?

Kat
North Carolina

 

[I AM ALWAYS LIABLE]

My response:

Yes, you can. You should also subtract about .33 cents per mile of usage from any reimbursement you give back. Make sure you conduct an accounting of all monies you are keeping, in writing, and send that to him along with a check for the balance. I would have no idea how he's going to cash a check while in prison, but that's not your concern. It's his problem, and you need proof that he received his refund.

Your theory of recovery is "Impossibility of Performance" of the contractual terms.

IAAL