Legal Question in Business Law in California

If a car dealer has been accepting partial and late payments, doesn't this alter the original contract? If so, than a repo for delinquent payments would be illegal, since there is no longer a specific date...Does this make any sense?


Asked on 2/12/14, 11:03 am

3 Answers from Attorneys

Gary R. White Burton & White

Read your purchase contract to see what it says about acceptance of late payments.

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Answered on 2/12/14, 11:30 am

The simple answer is "no." Accepting late and partial payments absolutely does NOT alter your contractual obligations. Unless both parties agree to a modification of a contract and there is consideration paid for the modification, the original contract terms remain in effect.

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Answered on 2/12/14, 11:34 am
Terry A. Nelson Nelson & Lawless

No. Nice try though.

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Answered on 2/13/14, 1:18 pm


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