Legal Question in Wills and Trusts in California
Death, no will, no power of attorney
Individual purchased a used vehicle. One week later this individual dies. Only surviving son, asks dealership if he can return the vehicle and get down payment back. Dealership agrees. Two weeks go by, and still we have not received the down payment back. We call, dealer now states that they will only give money back to purchaser unless we have a power of attorney. Is there any way we can get the money back from the dealer?
1 Answer from Attorneys
Re: Death, no will, no power of attorney
when a contract is in place before the death of a buyer or seller, the contract is still enforceable unless there is a valid modification of the contract between the seller and the buyer's heir in this case. since the subject matter involved here is an automobile, the contract would fall under the jurisdiction of the UCC rather than common law. thus, only a new agreement need be made between the buyer's heir and seller to be enforceable, and no additional consideration is needed. therefore, from the facts given so far, it sounds like you do have a cause of action for breach of contract if this new agreement was in writing (since the car is valued over $500) or if there is some writing in the seller's possession or something that can show the seller acknowledges the existence of the new agreement to refund the downpayment. if you would like representation in securing your deposit back, contact my office today with more facts. [email protected]
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