Legal Question in Civil Litigation in California
Breach of Contract?
We are selling a car and the person that test drove it, crashed it. After some pushing by us he decided to purchase the vehicle instead of paying for the damage. He was aware that the registration was due on the vehicle and initially agreed to pay it. We all signed the DMV papers for the full purchase amount but he brought the check for the price less the registration stating that WE are responisible for it. That was not the deal. We refused to budge and he left. Didnt he breach the contract since he signed the Bill of Sale for the full amount but failed to comply? And for our info, does it matter who pays the registration?
2 Answers from Attorneys
Re: Breach of Contract?
Yes, breach of contract and fraud. I'll sue on your behalf if you will front the costs. You need to front about $3000. You may contact me.
Re: Breach of Contract?
Yes, if he signed the Bill of Sale, that conduct would be considered a breach of that contract. Depending on how much the car was sold for, you can either sue in Small Claims (up to $5000) or see an attorney to assist you. It would not matter who paid the registration. One point, you have two causes of action - (1) for damage to your vehicle and (2) for breach of contract for failing to pay you for the vehicle.
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