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I bought a car from a friend, she had six strokes and she was

unable to drive it. I...
I bought a car from a friend, she had six strokes and she was unable to drive it. I have fixed this car while she had it. I made an arrangement with her sister to make payments for it since it was lein holded by a loan company. I put down 500.00 and I've been making payments since January of 127.00 a month. I've made payments up to May. I didn't make them all on time, but I paid the late fees when I did pay them. The day I was going to may the May payment, I was informed by the loan company that her power of attorney paid the loan off the day before. He never called me and told me he was doing that. I called him. Then he said we have to meet up to do a new arrangement. So we just met last friday because of schedule conflictions. We mad an arrangement to still do the 127 a month until it is paid off. The pay off is 850.00. Yesterday he send me a text saying that if I can't pay it off by months end I will have to bring him the car by the end of the week. I'm asking you, if I bring the car back, can he legally pay me my money back for my down payment and payments?
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Answered in 16 minutes by:
6/11/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,098
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Based on the arrangement you had with the seller, it sounds as though you have an oral contract, as you do not mention a written sales agreement. If you are paying monthly payments and that is what the agreement was, you could sue the seller for breach of your oral contract. Because it is only $850 in question, this would be a small claims court matter without an attorney. Unfortunately, if they take the car back for your non-payment, you would not be entitled to recover anything you paid, so you would have to pursue this under breach of contract to continue making the monthly payments as you had previously agreed and have a payment history of paying them. If you present this payment history in court, then the court is likely to order that the seller continue the contract with you and allow you to continue to make your monthly payments as agreed with the seller.



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Customer reply replied 4 years ago
I did have a written agreement originally that was made by her sister, who told me that she was the power of attorney, Now come to find out it is the best friend who is the power of attorney. Who wasn't there to make the original agreement. If I'm going to sue them for breach of contract do I give the car back? And would my late payments affect the contract?
Thank you for your response.

If you had an agreement you believed to be valid from the PoA, you are in good faith entitled to seek to enforce that contract in good faith. Thus, you would have to sue for breach of contract and you would keep the car until the court decides. If they did not pursue the car back or pursue you for breach before regarding the late payments, it is too late now, especially since you made the late fee payments on top of the payment.
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Customer reply replied 4 years ago
Thank you for all your help
Thank you very much. Please do not forget to click on excellent service feedback as that is the only way the expert receives credit for working with customers.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,098
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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