Legal Question in Consumer Law in California
I made a check amount for less than the total remaining balance on my car. On the check I wrote, �Agreed Final payment for purchase of Ford Fusion�. The Check also had the account number for the car on it. They cashed the check. Does that mean they contractually agreed to accept my final payment to own the car even though it was less than the remaining balance? The check amount was over a $1k, but about $400 less than total balance. I heard their was a court case similar to this where a man won since it was within the three requirements for a contractual agreement. The intent and consideration to enter an agreement of selling the car to me for cash, an offer (written on check) to pay the stated amount and acceptance since they cashed it. Please let me know if I can now demand the title of the car?
1 Answer from Attorneys
No, this doesn't work. You have to follow some very specific procedures, including giving the creditor advanced notice in the time and manner specified by law. You will need to pay the final $400 before you can get title to the car.
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