QUESTION
Am I responsible to pay for the car repairs due to lack of payment.
Asked on Oct 09th, 2012 on Automobile Accidents - Michigan
More details to this question:
If I was selling a car and I never received any payments for the car and the person puts money into the car am I responsible to pay them for the repairs they did on the car if I take it back because of lack of payments.
13 ANSWERS
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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No.
Answered on May 21st, 2013 at 3:00 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No.
Answered on May 21st, 2013 at 3:00 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Probably if a lien is filed.
Answered on Oct 16th, 2012 at 6:51 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. not unless you agreed to do that.
Answered on Oct 11th, 2012 at 12:47 PM
Lisa Hurtado McDonnell
Know if your repossessing the car for lack of payment.
Answered on Oct 11th, 2012 at 12:46 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, you are not obligated. Here's why: you have a contract to sell the car in exchange for payment. You held up your end, the buyer did not, you get the car back. The fact that the buyer put money into the car is his problem, not yours. There was no agreement that required him to do that as part of the terms of sale.
Answered on Oct 11th, 2012 at 12:46 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what was agreed to. Normally, when you buy a car from a dealer, and they repossess it, they have to sell it at auction. If it brings in more money than is owed, which is rare, that money has to go to the buyer. I would say in our case, if you resell it, and you get more than what is owed, you should give them the extra money. If you owner finance it again, they would have to wait until you are paid off before they get what is extra. In the future, if you sell cars, you may want to do a written contract that says if you repossess the car for lack of payment, you get the car and any improvements (this is standard for dealers who owner finance.
Answered on Oct 11th, 2012 at 12:45 PM
I would say that if the person sued you for the money they put into it,(and you are apparently getting back a car which is in better condition than when you sold it) you could counterclaim for the payments not made and you would end up splitting the difference.
Answered on Oct 11th, 2012 at 12:44 PM
If I understand your question correctly the answer would be no you do not need to reimburse them for repairs to a vehicle that they were supposed to make payments on but never did.
Answered on Oct 11th, 2012 at 12:39 PM
Thomas Edward Gates
No, they breach the contract for failing to pay.
Answered on Oct 11th, 2012 at 12:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, assuming the the defaulting purchaser had possession of, and were using the car before it was repossessed for lack of payment.
Answered on Oct 11th, 2012 at 12:37 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Nope, if the repairs were made necessary after they took possession of it.
Answered on Oct 11th, 2012 at 12:34 PM
Ronald A. Steinberg
I don't think so, because even if you did owe him, he owes you for the time he had the car. It will probably be a "wash" unless the car was a piece of junk and fell apart. In that case, he might have a claim against you for the poor condition of the car. Did he have the opportunity to have it inspected before he bought it? If so, then he is assumed to have actual knowledge of the condition of the car.
Answered on Oct 11th, 2012 at 12:33 PM