Legal Question in Real Estate Law in Utah

I have a contract with an individual for 300 dollars a month for the course of eleven months and in return the individual will receive the tittle to my vehicle im selling him. In the contract it states that he owes 300 on the first of every month.

He will receive a 25 dollar late fee for being over 10 days late and a 50 dollar fee for over 30 days. Lack of payment for a period of sixty days will void the contract and remit ownership to the original seller (Me). The last payment i received was on may 15th and that was for 150 dollars when he owed me 325. He is trying to pay me in 50-100 dollar increments. When i told him was not accepting partial payments from him and he needed to pay me 875 to become current with his payments or i would have to take the vehicle back. He is now threatening me with lawyers and court stating that if i do not accept any payments from him partial or not that i would be in violation of our contract. is this true?


Asked on 7/12/12, 12:07 pm

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

Sometimes a contract will specify whether partial payments will or will not be accepted. However, he is already in default. Read the default portions, if any, under the contract. Sometimes you have to give notice of default and intent to declare default.

Absent any provision in the contract ake the car. If he cannot afford to make payments, he cannot afford a lawyer.

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Answered on 7/12/12, 1:04 pm


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