Legal Question in Civil Litigation in California

Car dealer/Homeowner vs. Contractor on a deal gone bad....

A $3,000.00/equivilent amount is owed and a verbal/unsigned written contract is drawn. The payment in form of the purchase of a car by the homeowner/car dealer in exchange for home improvements done by an independent contracted party.

In a show "good faith" of future payment,the homeowner/dealer gives him a "runner" for personal use until a "suitable" car is found to finalize payment..... The car is from a dealership the dealer "apparently" had ties.

This "good faith" gesture utimately turns into a arrest and vehicle theft charge! The car/runner is reported stolen by the dealership.

The dealer claims it's just a case ofpaperwork/office foul up...The "DEALERSHIP" says it is still regarded stolen and will remain as such despite knowing the dealer.

Investigation pending...he is car less...hence jobless,down $3,000.00,breach of contract,arrested under false pretense,and a permanent record of car theft even *IF the charges are dismissed. Where should he start to get restitution on all counts of wrong doings?

Also,what are the statue of limitations in collecting amount due?Does the statue begin at the start of the job....or completion?? He is in California.


Asked on 4/10/00, 6:11 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Car dealer/Homeowner vs. Contractor on a deal gone bad....

The statute begins to run from the breach of the contract. It is 2 years for an oral contract and 4 years if written.

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Answered on 5/08/00, 2:26 pm


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