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Car sale contract

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Amanda Cole

Guest
I live in the state of Minnesota.
I sold my car for $4,200. I had the man who bought my car sign a contract and had it notarized. The contract stated that if he didnt pay $300 by the first of the month for 3 consecutive months that the car would go back to me and he would owe on damages. I took the car back when he started not paying and the car is barely drivable now.
He still owed $3,400.
Now Im planning on going to small claims court.

My questions:
How much should I sue for? $3,400, or that combined with all the damages to the car? or just the damages to the vehicle (which is approx. $3,200)?
However I do know the limit for small claims in MN is $7500. Can I sue for the combined ($6,600) even though that's more than I sold the car for?
Thank you in advance for all your help!
Amanda
 


I AM ALWAYS LIABLE

Senior Member
Amanda Cole said:
I live in the state of Minnesota.
I sold my car for $4,200. I had the man who bought my car sign a contract and had it notarized. The contract stated that if he didnt pay $300 by the first of the month for 3 consecutive months that the car would go back to me and he would owe on damages. I took the car back when he started not paying and the car is barely drivable now.
He still owed $3,400.
Now Im planning on going to small claims court.

My questions:
How much should I sue for? $3,400, or that combined with all the damages to the car? or just the damages to the vehicle (which is approx. $3,200)?
However I do know the limit for small claims in MN is $7500. Can I sue for the combined ($6,600) even though that's more than I sold the car for?
Thank you in advance for all your help!
Amanda
My response:

You can't sue for both the repairs and the value of the car. That's like having your cake and eating it too.

You must choose which remedy you want, and only one. You can sue for Breach of Contract - - that is, the value of the car at the contract price; or, for the vehicle damages if you have all of your repair estimates available for the court.

Choose the one remedy that you are most comfortable in exercising.

IAAL
 

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