QUESTION

Can the seller’s wife do anything since I am paying her just not as fast as she would like?

Asked on Jun 10th, 2013 on Litigation - North Carolina
More details to this question:
I bought a truck with the terms being that when the seller’s house sold I would pay them out of my commission. We had an offer on the house. In meantime truck clutch broker cost us 750.00, we also had to repair heater 100.00 do a few other things until the truck was drivable around 1,100.00. We know that when you purchase a used truck things happen. In December the sellers wife wanted to come pick the truck up from us because I had not made a payment we never talked about payments just when ever their house sold I would pay them out of my commission, the deal fell out on December 23rd I said if you want to reimburse us for what we put in the truck then you can come and get it otherwise lets work out a payment plan and then the balance of truck will be paid off when the house sells we got another offer on house 10 days later. I said I could pay her 200 a paycheck 2 x a month for awhile I was working part time then. In may my job ended but prior to that She leased out the house that I was trying to sell and told the tenant not to show the house, but was paying me 200 a month from the rents she collected. I told her around May 14th that I cannot make any more payments after the one on the 17th till the house sells I only owe her 800.00. She has a 6-month lease on the home and 5 months remaining so I said that she can keep my portion of the rent as payment for the balance of the truck. She said she is taking the truck back keep in mind I have a bill of sale and the title in our name.
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3 ANSWERS

Ronald A. Steinberg
Yes. If you do not live up to the contract, the vehicle can get repossessed, and you would be charged for the use of the vehicle and any damage that occurred while in your possession.
Answered on Jun 11th, 2013 at 8:40 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Neither of you are good business people. If you have a bill of sale but mainly the title all she can do is sue you in small claims court. If you 2 are not mature enough to hash out 800 between you the magistrate may do it for you.
Answered on Jun 11th, 2013 at 8:39 PM

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Thomas Edward Gates
What ever terms were agreed upon at the time of sale control this matter. When you agreed to different terms of payment, that altered the initial agreement and it now controls.
Answered on Jun 11th, 2013 at 8:39 PM

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