Legal Question in Credit and Debt Law in Utah

Repossesion of a vehicle

We sold a car as a private seller to a guy and he didn't have the money to pay it all up front so we told him that we would accept payments, he is suppose to pay on the first of each month and register and insure it in his name, we all signed contracts. The guy that bought the car has not yet registered it and it has been a month now, we took our plates off and he drives with no plates on it, he hasn't made his first payment and in the contract it says that if he does not pay by the end of the month we can repo the car. Can we acutally do that or would that be against utah law? Hopefully we won't have a problem with it, but as of now he has not paid yet so we don't know what will happen. Please help us with this, we just don't want to take the car back if it is illegal.

Thanks


Asked on 8/17/06, 9:01 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Repossesion of a vehicle

Repo the car immediately, and I suggest without notice to him. You are liable for his use of the car. If he interferes, call the police. Have your contract, plates and title with you.

You probably do not have to return his down payment, but read the contract carefully. Don't sell a car this way without using an attorney. You will get burned.

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Answered on 8/17/06, 10:24 pm


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