answersLogoWhite

0


Best Answer

NO, but you can get it repaired. Do you have any proof that it was the repo that damaged it?

User Avatar

Wiki User

โˆ™ 2015-07-15 19:32:31
This answer is:
๐Ÿ™
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
User Avatar
Study guides

What is forfeiture

Which of these is the best description of delinquency

Which term is defined as property that is pledged as security on a loan

This is Paula's monthly budget What percent of her expenses is spent on insurance

โžก๏ธ
See all cards

Economics

30 cards

The existence of an international division of labor among countries enables those countries to have what

What provides a bank with collateral on a car loan

What is one of the disadvantages of getting a government-sponsored mortgage

What does a good credit history do for consumers

โžก๏ธ
See all cards

Economics

31 cards

The existence of an international division of labor among countries enables those countries to have what

What provides a bank with collateral on a car loan

What is one of the disadvantages of getting a government-sponsored mortgage

What does a good credit history do for consumers

โžก๏ธ
See all cards

Add your answer:

Earn +20 pts
Q: If a dealer damages your car while in repo- do you have the right to give the car back due to breech of contract on their part?
Write your answer...
Submit
Related questions

What happens when both parties breach a contract?

Breach by both the parties, will put the contract to an end. Thereafter right to claim will arise in accordance with the damages suffered by the parties.


What is different between a condition and the warranty in relation to the law of sales of good?

In a contract for the sale of goods, a warranty, once breached, gives rise to a claim for damages, but not a right to reject the goods sold and treat the contract as repudiated. A condition, however, is part of the root of the contract and allows the injured party to rescind and/or seek damages.


Does a auto dealer have the right to back out of a contract for a new car two days after the paperwork has been signed?

No they have already signed the papers agreeing to the contract


How many days do i have to take a car back to dealer in New York state if you do want the car?

Unless the sales contract states you a Right of Rescission, once the contract is signed by you and the dealer, it is binding. A right of rescission in a contract gives you a cooling-off period where you can walk away from the deal. It's normal for homeowners to have this right when they use home equity loans to tap the equity in their homes, but isn't standard fare on the purchase agreement for a automobile.


Does Virginia have a 3 day right of rescission for purchase of cars?

No, Virginia code does not require a three day rescission policy. It is not uncommon that a dealer will included on in their contract, however that is done on a dealer by dealer basis, and is in no way required by the state.


Does an auto dealer such as Nissan have the right to repo a leased vehicle if the vehicle is not insured?

YES. Read your contract. Does it call for you to maintain ins???


What is practical benefit in contract law?

Contract law monitors the arrangement (offer and acceptance) between the parties. Any breach by either party gives the other party a right to seek for performance/damages/compensation, etc from the breaching party.


You signed a contract but never accepted the car The dealer can't provide the right color for you?

State laws can be different here. You're usually required to give the dealer a reasonable time (probably at least two weeks) past the agreed-upon date before you can cancel the contract. If the dealer agrees that they can't provide the right color, then there shouldn't be an issue. If they're providing something that a reasonable person would agree matches the color specified by the contract and you just don't like it ("I wanted a brighter shade of red"), then ... beats me, it's probably attorney time.


How long to return car to dealer in Md?

Right up until you sign the contract. I'm pretty sure there is no statutory buyer's remorse period on car purchases in Maryland. You should check your contract; your dealer may offer one even though he's not legally obligated to do so. If not, then you're stuck with it.


Can a boarder patrol officer have a relationship with an illegal immigrant?

I would think that that would be a breech of some type of contract. Since he is patrolling to prevent illegal immigrants from entering the country, having a affair with one do not sound to smart. He could yes, but is it right, I would check the laws of his employment to be sure.


Are you obligated to a car contract without taking delivery?

Depending on the state you live in, certain states do have 'cooling down' periods. Most do not, if you have signed papers the dealer has every right to refuse to rescind the deal.


Explain the remedies available to an unpaid seller in a contract of sale of goods?

1. Lien for the price 2. Right of stoppage of the goods in transitu 3. Right to resale of the goods 4. Right to withhold delivery 5. Action for the price 6. Damages


How do you lock open a Lorcin L380?

Hold pistol grips firmly between your knees, pull the slide back with the left hand until breech is open, stick right thumb in breech, release slide from left hand. Seriously, it does not lock open.


What happens if you break a legal contract?

A legal contract is binding. If you break the contract without having the legal right to do so as set in the terms of the contract or by having the contract declared void by a court, the other party has the right to sue you in order to be compensated for the value of the contract.


Is their a 3 day right of recision in Tennessee in auto buying?

To my knowledge, "The right to recision" only exists (with a car dealer) if you were to complete your purchase off-sight, that is not on the automobile dealership's property. If you sign all of your papers at the dealership, there is no right of recision. However, if you signed all of your papers (at the dealership) and did not physically take "delivery" of the vehicle, that is left the vehicle at the dealer, the sale is not completed. The reverse however holds true too for the client. Let's say a client signs all of their loan documents on an automobile (at the dealership and is given copy's) and takes delivery of the vehicle; If the loan is then declined by the finance institution that the dealer may use, the dealer is bound to the contract and has to guarantee the loan. In other words, the dealer can't back out of the transaction either.


Why is the player position which is one to the right of the dealer button called cutoff?

The position to the right of the dealer is known as the "hijack seat."


If a child defaults on a student loan co-signed by a parent can the parent sue the child to recover the amount they are forced to pay?

No, when the parent cosigned the loan, they agreed to pay what the child couldn't. * Yes, the contract that was cosigned was between the borrower's and the lender. A cosigner has the legal right to file suit against a primary borrower for financial damages incurred due to the primary borrower defaulting on the contract.


What is the difference between void and voidable contracts?

A void contract is no contract at all - in the eyes of the law it has never existed because of some fundamental problem.A voidable contract is a contract which one side has the right to avoid at any time. However, until they exercise that right, the contract is valid and enforceable. In most legal systems the right to avoid a contract can be lost (eg. by delay, or by affirming the contract by performance).


Can you return a new car after just leasing it?

There is no right to rescission on any contract involving the purchase or lease of a vehicle. However the leasing dealer may allow you to cancel the lease with a penalty of course. You need to contact the dealers finance officer.


How do you get out of a contract if the vechicle is salvaged when you buy it and the seller did not tell YOU this?

Most states have a lemon law that protects buyers that were not told right information or cars that have major defects. You can first try and take it back to the owner or dealer and then proceed with further action.


Do you have to have to have permission to put up a free standing lean to shed against a neighbors garage?

Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.Absolutely yes. You have no right to attach anything to your neighbor's property and will be held liable for any damages thereto.


Would each party pay their own damages if the damages are minor in a parking lot accident?

Im sure a right and wrong party can be identified. But is it really worth it? If damages are so minimum and you and the other party can agree to take care of your own damages, then I say its a good idea.


What about the revocation of unilateral contract?

If you have a unilateral contract, then you have the right to revoke it. This is fairly basic contract law. For a contract to be binding and irrevocable both parties must understand and sign the contract.


When condition to be treated as warranty?

(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or may elect to treat the breach of such condition as a breach of warranty and not as a ground for treating the contract as repudiated.(2) Whether a stipulation in a contract of sale is a condition the breach of which may give rise to a right to treat the contract as repudiated, or a warranty the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract.(3) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there be a term of the contract express or implied to that effect.(4) Nothing in this section shall affect the case of any condition or warranty, fulfilment of which is excused by law by reason of impossibility or otherwise.VIEIT Pvt Ltd (Director MANOJ KUMAR KUSHWAHA)


What are the right of unpaid seller against the buyer?

Rights of Unpaid Seller against the Buyer PersonallyThe unpaid seller, in addition to his rights against the goods as discussed above, has the following three rights of action against the buyer personally:1. Suit for price (Sec. 55). Where property in goods has passed to the buyer; or where the sale price is payable 'on a day certain', although the property in goods has not passed; and the buyer wrongfully neglects or refuses to pay the price according to the terms of the contract, the seller is entitled to sue the buyer for price, irrespective of the delivery of goods. Where the goods have not been delivered, the seller would file a suit for price normally when the goods have been manufactured to some special order and thus are unsaleable otherwise.2. Suit for damages for non-acceptance (Sec. 56). Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. The seller's remedy in this case is a suit for damages rather than an action for the full price of the goods.The damages are calculated in accordance with the rules con­tained in Section 73 of the Indian Contract Act, that is, the measure of damages is the estimated loss arising directly and naturally from the buyer's breach of contract. Where the goods have a ready market the principle applicable is that the seller may recover from the buyer damages equal to the difference between the contract price and the market price on the data of the breach of the contract. Thus, if the difference between the contract price and market price is nil, the seller can get only nominal damages ( Charter vs Sullivan). But where the goods do not have any ready market, the measure of damages will depend upon the facts of each case.For example, in Thompson Ltd. Vs Robinson the damages were assessed on the basis of profits lost. In that case, T Ltd., who were car dealers, contracted to supply a motorcar to R.R refused to accept delivery. It was found as a fact that the supply of cars exceeded the demand at the time of breach and hence in a sense there was no market price on the date of breach. Held, T Ltd., were entitled to damages for the loss of their bargain viz., the profit they would have made, as they had sold one car less than they otherwise would have sold. To take another illustration, if the goods have been manufactured to some special order and they are unsaleable and have been manufactured to some special order and they are unsaleable and have no value at all for other buyers, then the seller may even be allowed the full price of the goods as damages.1. Suit for special damages and interest (Sec.61) This Section entitles the seller to sue the buyer for 'special damages' also for such loss "which the parties knew, when they made the contract, to be likely to result from the breach of it." In fact the Section is only declaratory of the principle regarding 'special damages' laid down in Section 73 of the Indian Contract Act. The Section also recognizes unpaid seller's right to get interest at a reasonable rate on the total unpaid price of the goods sold, from the time it was due until it is actually paid. (Telu Ram Jain vs Aggarwal & Sons).(a) Suit for Damages for Non-delivery [Section 57] Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.(b) Suit for Specific Performance [Section 58] In any suit for breach of contract to deliver specific or ascertained goods, the court may direct that the contract shall be performed specifically.(c) Suit for Breach of Warranty [Section 59] Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may -(i) Set up against the seller the breach of warranty in diminution or extinction of the price; or (ii) Sue the seller for damages for breach of warranty.Note: The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he suffered further damage. [Section 59(2)]Example: X sold a second hand Radio to Y who spent Rs 100 on the repair of this Radio. This Radio was seized by the police as it was a stolen one. Y filed a suit against X for recovery of damages for breach of warranty of quite possession including the cost of repairs. It was held that Y was entitled to recover the same. [Mason v. Burmingham](d) Right to Treat the Contract as Rescinded or Operative in Case of Repudiation of Contract by Seller before due Date [Section 60] Where seller repudiates the contract before the date of delivery, the buyer may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.(e) Suit for Interest [Section 61(2)] In case of breach of the contract on the part of the seller, the buyer may sue the seller for interest from the date on which the payment was made.