Legal Question in Civil Litigation in Michigan

Breach of contract?

I sold my daughter�s car in March for $3000 to a lady with the agreement that she would make periodic payments with full payment by August 1 and that we would keep the car until it was paid in full. She paid $500 initially and after contacting her in June she paid another $500. Near the end of July we called and she said she did not have money, so we told her we were going to put the car up for sale. She said she would try to come up with the money and would have it by early October for sure. We put the car up for sale August 1. We called her in October and she said she did not have the money. We sold the car mid October for $2000. Our question is if she asks for the $1000 back what is our legal responsibility? Could she sue us if we refused to give it back?


Asked on 10/18/02, 1:50 pm

1 Answer from Attorneys
Gregory J. Roth Gregory J. Roth, PLLC

Re: Breach of contract?

The lady can always sue you; whether or not she has an enforceable claim against you is another matter. It appears that you have been made whole between your sale and the lady's initial payments. Whether or not the lady can recop money from you depends the details of your agreement; as the lady appears to have breached the agreement this could affect her claim.

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Answered on 10/18/02, 5:29 pm


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