What to do if a seller will not deliever a product that we purchased without further payment for charges that were accrued while it was using the product?

Recently our farm bought a semi through an auction out of state. We paid for the truck, as welll as shipping. The shipping company then used our truck to travel to another state (which is far out of the way to our state) and get a trailor. While off route and using our truck for their profit, our truck has some mechanical issues, which we then paid for (not sure we should have). Now the shipping company is telling us we owe almost 1k for layover, hotel expenses, and other repairs that happened while they were using our truck. They are insisting we pay this before they will deliver our truck. We have already paid over 5k in repairs while they have used our truck. Is there any legal action we could take?

Asked on August 2, 2012 under Business Law, North Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you paid everything your were supposed to pay when you purchased the truck (e.g. the sale price, shipping, etc.) and the seller will not turn it over to you and/or has used it for its own profit/benefit, you could sue the seller. You would sue the seller for a court determination (declartory judgment) that they have to turn the truck over to you, a court order (injunction) requiring them to do so, and possibly for monetary compensation (e.g. for the cost of any repairs required after you'd bought it, but they were using it; possibly to have them turn over any profit they made using your truck). You should speak with an attorney.

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