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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118649
Experience:  Attorney experienced in commercial litigation.
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I lent my truck to a co-worker in December of 2015. He had

Customer Question

I lent my truck to a co-worker in December of 2015. He had it for January, and February. He then decided to purchase the truck in march. We filled out a contract. To which he was to pay $500 a month for 6 months bringing the total $3,000 buy the end of august. He paid 500.00 in march, 500.00 in paid 500.00 in April. Missed the may payment, maid a payment of 100.00 and a second payment of 150.00 in June and hasn't maid anymore payment. I told him since the truck was in his possession in a different town that he would be responsible for the emissions test. Now he's trying to say since I didn't give him an emissions he is entitled to a refund, and is going to keep the truck. I think since he has had it this long hasn't said a word about the emissions in 8 months, and the truck isn't paid in full that he is in the rong.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He is in breach of contract with you and you have grounds to repossess the truck if you can find it and do so without causing a disturbance OR you can sue in court and seek damages and return of the truck if you cannot get to the truck to repossess it.
As far as the emissions test, in Colorado if you were in an emissions area, it is the seller's responsibility to provide a new emissions certification upon sale of the truck. He is entitled to cancel the sale and return the truck and you return the money or you have to pay to provide the emissions certificate and he has to pay for the truck.