Legal Question in Business Law in California
I sold my car on payments. Our agreement states that the buyer would pay me every month, but he has consistently either missed payments or paid late. After talking with the buyer, we agreed that he would pay a late fee of $50 if he did not pay by the 15th of the month, and then $5 for every day after that that he was late. Am I able to charge the $50 late fee plus the $5 per day per our agreement?
2 Answers from Attorneys
Was your original agreement a fully integrated written contract? Was it verbal? If it was in writing, did you specify how it could be amended or added to, such as only an agreement in writing? Was the modification done in accordance with those terms?
An attorney would need to review those types of questions with you, to give you a definitive answer.
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