What is the name of your state (only U.S. law)? CA
Breach of contract-
I am small used car dealer in CA and I had a client pay me deposit of $8000.00 for a limo bus that I have on consignment for $25,000. I talked to him and he agreed to trade in goods for $10,000 value which we did not put into the contract and we wrote the contract with purchase price of the limo for $15,000. I know that this is a big mistake, but the problem is not just this.. I gave him possession of the limo bus for 1 week, so he can get it inspected at a mechanic shop and pay the rest of the money and bring the goods within 1 week of the signing of the contract. We did not notarize the contract, but both signed it and dated it. The buyer never called and never came back to the office. I found him and the limo bus after 3 weeks of searching for him. Called the police and asked them to help me repossess the limo bus. They told me that this is civil and they can't help me and I have to find a repossession company. I did but it was already too late, the limo bus was moved from the location and now I have no idea where it is. The buyer is not cooperating and he is refusing to bring the vehicle back. In the contract also states that if the buyer does not pay the full amount within a period of 1 week, dealer would be forced to repossess the vehicle and keep 20% of deposit, repossession fees and any restoration costs. So, the buyer clearly knew and agreed to the contract, but he is depriving me from taking possession of it. What should I do? It's been almost 2 months now...I made a report with the police that he has possession of it, but the police is not willing to charge him with auto embezzlement because to them it is civil matter, because there is a contract. I do not want to sell the limo bus to this buyer anymore, I just want to get it back and return it to the owner in the same condition it was originally brought for sale.
Breach of contract-
I am small used car dealer in CA and I had a client pay me deposit of $8000.00 for a limo bus that I have on consignment for $25,000. I talked to him and he agreed to trade in goods for $10,000 value which we did not put into the contract and we wrote the contract with purchase price of the limo for $15,000. I know that this is a big mistake, but the problem is not just this.. I gave him possession of the limo bus for 1 week, so he can get it inspected at a mechanic shop and pay the rest of the money and bring the goods within 1 week of the signing of the contract. We did not notarize the contract, but both signed it and dated it. The buyer never called and never came back to the office. I found him and the limo bus after 3 weeks of searching for him. Called the police and asked them to help me repossess the limo bus. They told me that this is civil and they can't help me and I have to find a repossession company. I did but it was already too late, the limo bus was moved from the location and now I have no idea where it is. The buyer is not cooperating and he is refusing to bring the vehicle back. In the contract also states that if the buyer does not pay the full amount within a period of 1 week, dealer would be forced to repossess the vehicle and keep 20% of deposit, repossession fees and any restoration costs. So, the buyer clearly knew and agreed to the contract, but he is depriving me from taking possession of it. What should I do? It's been almost 2 months now...I made a report with the police that he has possession of it, but the police is not willing to charge him with auto embezzlement because to them it is civil matter, because there is a contract. I do not want to sell the limo bus to this buyer anymore, I just want to get it back and return it to the owner in the same condition it was originally brought for sale.
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