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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I had a contract with someone over a motorcycle that was notorized.

Resolved Question:

I had a contract with someone over a motorcycle that was notorized. The bike was in my name, but they were going to ride it. In the contract it stated that they would pay the monthly payment to me by depositing it into my checking account on or before the due date of the payment. If they were late with a payment there was a $75.00 late fee (as stated in the contract that they agreed to). The late fee was made so high to try and deter them from paying late. They were making on-time payments for 3 months. They never made their payment in the month of December. They then threatened that they would drop the bike off in my driveway to avoid being messaged about the payment. I told them they could leave the bike there (in my driveway) and drop off the keys if they did not wish to pay. I am the owner of the bike (the title is still in my name). This person is now threatening to sue me for the payments they have already made (in essence looking for a refund) and they are saying that I have breached my contract. Because we had a legal contract where they were a buyer and I the seller I feel they have breached the contract by failing to pay. Plus, rather then pay, they returned the bike. This was not a rental contract, it was a buyer's contract. Who is right in this matter? Do I owe this person money? Do they have a case?
Submitted: 3 years ago.
Category: Legal
Expert:  Dave Kennett replied 3 years ago.

Dear JACUSTOMER - Based on these facts you do not owe anyone anything. They breached the contract by not paying and since the bike remained in your name and they were making payments it would legally be considered the same as a rental or a lease regardless of what you called it. I'm not certain of all the terms of your agreement but theoretically you could file a suit against them for the rest of the rental payments.

 

I doubt that it would be worth your while to sue them but if they sue you then I would file a counter claim for the balance of the rental payments. The buyer breached the contract, not you so I don't think there is any question that you are correct. If this goes to small claims court you can hire an attorney if you wish but most attorneys will not practice in the small claims court and would remove the case to the general court system.

 

Dave Kennett

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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