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Dealer Broke Contract, what can I sue for?
Repost, sorry, other question didn't post with details. Long story short, my car got repo'd, I went to reinstate the contract by paying what I'm behind, but the dealer doesn't want to reinstate the contract. Instead he told me to pay off EVERYTHING, in ten days, or I lose the car. No way I can get that much money. The contract says I have 10 days bring the loan current and reinstate the loan, but it also says that the dealer can demand all the money if I impair future payment. He claims I impaired future payment by removing the GPS, and I thought I did remove it, but I didn't. Later I took the GPS apart, and it was just an empty box with wires hanging out, and a GPS label on it. What I took off was a fake GPS! The real one was somewhere else on the car, that's how he found it and repo'd it. By not taking off the real GPS, that means I did not impair future payments. That means that he has to reinstate the loan, right? If he doesn't, he's breaching the contract right? What can I sue for?
I never removed any GPS from the car. I removed an empty box with a fake label on it. I was told that GPS can have an extra battery if disconnected, when I opened it, it had nothing, no circuit board, even the red and black wires were hooked to nothing. The point of my question is that, how do I sue when I have a contract that says that I have 10 days to make the loan current, and the dealer refuses to take my payment, instead he wants to keep the car, my down payment, and all other paysments
3 Answers
- Anonymous2 years agoFavorite Answer
Sorry but you are incorrect. If your car is repossessed that means you broke the contract by failing to pay. The dealer can allow you to redeem the repo, but if they feel that you won't be able to or will refuse to pay off the loan per the terms they are under no obligation to. The fact that you took off the "fake" GPS shows that you attempted to do it and could show that if given time you will disable the real one.
Save your money and instead of trying to sue, try to come sort of an agreement so you don't get taken to court after the car is auctioned. Because you will now also be required to pay the deficiency balance.
- Nekkid Truth!Lv 72 years ago
You clearly made an ATTEMPT to remove the GPS tho... You had full intentions of breaking your end of the contract by doing that damage.
You also broke the contract by failing to pay.
And no, they didnt necessarily use the GPS to find the car either. I am friends with a repo man, they have plenty of ways to track down a car.
You cant sue for anything... But he sure can counter sue you for the balance of the loan plus repo fees.
- AnaLv 62 years ago
It sounds like you did take apart the GPS, and you’re not a certified technician so you really have no idea whether that was actually a GPS or not. You’re not qualified to make that assessment, and you shouldn’t have been tampering with the GPS. Normally I would side with you, but in this case it seems like you shot yourself in the foot. Even if it wasn’t really a GPS, it was clearly your intention to screw up the GPS and not pay