Legal Question in Credit and Debt Law in Virginia

Re: taking possesion of a vehicle

Based on the limited facts presented, I think this case could go either way. Various consumer protection and repo laws could apply. If the repo was done properly, the man may be out some serious money, maybe even $4,000.00. Settling the claim is likely a good idea, but I tend to lean toward your argument, assuming the repo was done correctly and "by the book." He ought to just buy the vehicle and pay you some hefty interest at this point.

Re: taking possesion of a vehicle

On these facts, the gentleman (in my opinion) could win his case against you (although probably not for the $4K). You might wish to consider settling his claim by paying him a reasonable sum for the brake parts and his labor required to install all of them which you've mentioned less the value that he gained by driving the truck for whatever number of miles that can be fairly attributed to him.

Re: taking possesion of a vehicle

I don't understand Michael's reasoning, and I would be very interested to hear more about why he analyzes it that way.

As I understand it, I see it differently. But I would like to know what Micahel is thinking.

You say that you SOLD the truck to this gentleman who fixed it. I assume that the gentleman who bought it has nothing to do with the repossession, and that part of the story is not really relevant.

The crucial question to me is what happened when you sold the truck to the gentleman who has it now. Did you have a written contract? A witness?

The key issue is whether you sold it "as is" or whether it had any kind of warranty.

If I understnad, the transmission for the truck was NOT IN THE TRUCK when you sold it to this current owner?

I would think that any reasonable purchaser would know that he was not getting a warranty but was buying "as is" if the transmission was not even installed in the truck.

But I think that is the key issue... Was the sale "as is" or with some kind of warranty.

There are consumer laws, which I am not all that up on. But I am pretty sure that for a private person, NOT a dealer, selling a used truck, those really don't come into the question.

Your biggest problem, I think, is that he will say you made some kind of promises or that the sale was different from what you remember.

It almost sounds like he thinks YOU own the truck and he was only fixing it up for you.

For example, putting on new tires and new brakes are NORMAL items of maintenance for any car owner. Those are not defects of a lemon car.

The only major item you mentioned is that he installed the transmission, which would obviously indicate that this was not a car under any kind of warranty.