Legal Question in Credit and Debt Law in California

Auto Repo

Scenerio: Person A buys a vehicle from a private party. Private party never sends the money to the finance co. Person A meanwhile is driving it and puts money into it. Now vehicle has been repossesed and private party wants to give person A back the original money car sold for. Person A wants to sue for the money he also put into the car. Can he? Or is the original amount the car was sold for all that he is entitled to?


Asked on 10/17/02, 7:18 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Auto Repo

You have a bigger problem, and so might he. A reposession damages the credit rating of the person who was on the loan. Additionally, they might sue that person for any deficiency after the car is sold.

It would appear that the buyer breached the contract. Hopefully it is in writing. In any case, he is not allowed to profit from his breach, and may be liable for consequential damages suffered by the negative credit report.

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Answered on 10/18/02, 1:08 pm


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