A person I sold a truck to is in breach of contract and using t truck with his dealer plates on it. He will not return phone calls. What are my option
Question Details: I sold a truck for $34,000, $2,000 down and $32,000 by 1 Sept. I have not received the money. He is using the truck with his business dealer plates on it. I still have the title. It is titled in AZ. He is in MN. I live in MN 5 months, and AZ 7 months. He will not answer the phone nor return calls. Using a ruse is the only way to contact him. He promised to send it overnight. That was five days ago. Nothing has come. What recourse do I have? Can I sue him for the $32,000 plus lawyers fees? Can I sue for damages since I have not had the use of my money?
Business Law Answers
this situation is governed under general contract pricipals. Under the deal you were responsible for delivering the truck to the buyer after he paid you in full. since you did not get paid in full, the buyer is not entitled to keep and utilize the truck. Indeed, the buyer should turn the truck over to you as he does not have permission or the legal right to have the truck. I suggest that you file a lawsuit against the buyer in AZ for the amount of money that is owed on the contract. i am not sure whether you will get attorney's fees and costs. Generally, parties are responsible to pay their own attorney's fees unless it is specified in a contract or statute that he prevailing party is entitled to recover attorney's fees from the other party. i suggest that you hire a lawyer to file the lawsuit. you will need a AZ licensed attorney.
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