Legal Question in Credit and Debt Law in California

Car Buyer Renegging?

A friend had her car stolen. I offered to sell her mine and to let her first test drive it for the weekend. She came back with a couple things she wanted repaired, which I had done, and stated she would buy my car, asking if I would take payments. I agreed. She also needed to wait 2 months to make the first payment. After 2 months I now learn through mutual friends that she is thinking of buying another car, and has not contacted me regarding her intentions with this car. My feelings are that we had a verbal contract, she took possesion of the car, and has used it considerably. Now I might get stuck trying to sell a MORE used car after a deal had been struck. She was to write out a payment schedule she was comfortable with, which she never did. I don't want the headache of dealing with this car any further and don't want anything other than for her to stick with the original plans. If I do accept it back, what can I reasonably expect to recover for my 'renting' of this vehicle for over 2 months? Thank you


Asked on 2/07/02, 11:42 am

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

Re: Car Buyer Renegging?

You basically have a verbal contract for her to purchse the car, and the fact that you delivered it to her and she accepted it makes it a valid contract.

Let her know that you will take her to court to collect on the contract. You do not have to reposess. Of course, if you do, you can sell the car for whatever you can get for it, and sue for the difference of the agreed purchase price and what you sell it for.

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Answered on 2/07/02, 2:11 pm


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