• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Breach of contract

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

Bigstik67

Guest
I agreed to sell my 1986 Camaro for $800.00 to a guy on my terms of sale. Buyer is aware of problems with car and agrees to buy as is. Terms of sale are $200.00 down and $100.00 monthly. If buyer for any reason misses two consecutive payments, the car will be taken into my custody. The buyer paid $200.00 on 8/20/00. I did not receive a payment for the month of October. The car broke down on Oct. 21st. If I don't receive a payment for the month of November, I need to know if I have any room to stand by taking him to small claims court for the $600.00 that he owes, plus money to fix the car since it was running when I sold it to him.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Bigstik67:
I agreed to sell my 1986 Camaro for $800.00 to a guy on my terms of sale. Buyer is aware of problems with car and agrees to buy as is. Terms of sale are $200.00 down and $100.00 monthly. If buyer for any reason misses two consecutive payments, the car will be taken into my custody. The buyer paid $200.00 on 8/20/00. I did not receive a payment for the month of October. The car broke down on Oct. 21st. If I don't receive a payment for the month of November, I need to know if I have any room to stand by taking him to small claims court for the $600.00 that he owes, plus money to fix the car since it was running when I sold it to him.<HR></BLOCKQUOTE>

My response:

If you have a written contract, the car is his, subject to making the payments and completing the loan. The goal is to get your money, and not the car. Small Claims can only award you money damages; i.e., the full contract amount, minus payments already made. Therefore, you don't need to get any money to repair the car, because you'll be awarded the contract amount.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top