Legal Question in Business Law in California

i have a written car contract with a friend and i have been making payments on the vehicle for 4 years and in july was my first late and missed payment. They wanted to terminate the contract and no longer wanted to except my payments. The car is under a lien holder and I have made all payments with a remaining balance of 10,000 what should I do?


Asked on 9/26/11, 12:48 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Breaches of contracts ware either "Material" or "Non-material" which means that if the breach destroys the integrity or purpose of the contract, it is considered a breach and the other party can sue for damages. As long asyou get things corrected, there should be no problem. Are you still behind? Get caught up and they should not consider the contract terminated. Also, they cannot keep all those payments without give you a reasonable refund.

Read more
Answered on 9/26/11, 12:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree. The law is said to "abhor a forfeiture." No court would allow the lender to invalidate the contract because a single payment was late, unless perhaps the contract specifically says in big black type that a single late payment will result in a forfeiture, and that "time is of the essence of this agreement and every provision herein" or words to that effect. The lender may be entitled to a modest late charge (if the contract so provides) as liquidated damages, but egnerally speaking, that's it.

There is a motor vehicle finance law in California that gives borrowers substantial rights. Its popular name is "Rees-Levering Motor Vehicle Sales and Finance Act" which you can research on Google. It may or may not apply to your loan.

Read more
Answered on 9/26/11, 1:07 pm


Related Questions & Answers

More Business Law questions and answers in California