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legal advice
gaza
#1 Posted : Saturday, June 13, 2009 10:28:00 AM
Rank: Member


Joined: 5/11/2009
Posts: 35
I have a situation and am seeking advice. I bought a car for 840,000 from a guy,paid 600,000 in cash and the rest was to be settled in 4 equal monthly instalments after which the transfer was to take place. I defaulted all the four instalments due to bad business. now the guy is threatening to take the car. what is my legal status. pls advice
Jus Blazin
#2 Posted : Saturday, June 13, 2009 5:08:00 PM
Rank: Elder


Joined: 10/23/2008
Posts: 3,966
what is he supposed to do when you default? you are leaving him with no options.

try renegotiating the deal with him...


From a Little Spark may burst a Mighty Flame...
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
wanyo
#3 Posted : Saturday, June 13, 2009 6:03:00 PM
Rank: Member


Joined: 9/28/2006
Posts: 102
Dont panic bwana if the worst was to happen he can take the car,let him refund your 600k dont let debt control you- you should control it.

coming to legal matters,had you a sale agreement written or oral and what were the consequences of default. you need to work from there.
i too
B.Timer
#4 Posted : Monday, June 15, 2009 8:02:00 AM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
As you admit,you are the party in default -breach of contract,whether written or verbal.
Once you default,your position gets very unstable.
If the guy is willing to regotiate,get him to,otherwise your agreement should have spelt out what happens incase of such breach.
Usually he as he reposses his vehicle,he gives you back your money less some percentage.
If there was no formal agreement your goose is cooked.
You are simply at his mercy.
Appeal to his gentlemanly side not to be too hard on you as you renegotiate.
Renegotiate for terms you can meet and avoid another breach.

B.timer
Dunia ni msongamano..
Silk
#5 Posted : Monday, June 15, 2009 8:20:00 AM
Rank: Member


Joined: 8/25/2008
Posts: 144
Gaza,on this one,i think you should advice yourself. The writing is on the wall unless you want to try something very funny. You are lucky to have defaulted all four and no action so far from the aggrieved party.

Life is too short.
Sasha
#6 Posted : Monday, June 15, 2009 8:58:00 AM
Rank: Veteran


Joined: 9/5/2007
Posts: 627
Lemmie be the devil's advocate here! If I was the guy, I would repossess the car and charge you Kshs 4,000/- per day for use of my car and then pay you the difference after deducting my costs from the 600k!

Immorality: The morality of those who are having a better time!
mlefu
#7 Posted : Monday, June 15, 2009 9:06:00 AM
Rank: Elder


Joined: 2/11/2007
Posts: 1,680
Location: nairobi
in simple terms,you had rented the car for last 5 months..on 4k per day ..covers your cash deposit of 600k..wow... money matters !!!! let us all be careful.

giaku nikiria kii nda,icingi ni cia muingi!!!!
Wendz
#8 Posted : Monday, June 15, 2009 11:04:00 AM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
Well,your best bet would just be to re-negotiate the agreement... May be three options

1. Renegotiate the repayment intalments(what they call restructuring the 'loan') (If i were the owner of the car,i would make the terms very stringent this time round!!)

2. Renegotiate the settlement terms so that the owner reposses the car and pays you the balance less his charges.

3. Renegotiate to sell the car and pay him the balance of (was it 250k?) and keep the rest of the money and he transfers the car to the next person.... (not sure if he is agreeable tot his but if thats the only way he can get his money,it might be an option he could consider).

Some deals are like glass. Sometimes it's better to leave them broken than try to hurt yourself putting it back together.
Kwanini
#9 Posted : Monday, June 15, 2009 2:43:00 PM
Rank: Member


Joined: 1/28/2009
Posts: 353
Location: Cloud
pole sana.@wedz i agree. Happened to me once. sold a car the lady paid a deposit of 500k she could not raise the balance of 150k within the agreed period.
No tears could squeeze a dime out of me for deposit refund coz the agreement was clear upon default 1. The car is repossesed. 2. Seller retains ALL the deposit.


BUT because here was a decent customer who had hit bad times,we agreed to resell the car,at my terms,. The car finally fetched 450k. I collected my 150k plus resale headache expenses of 50k. She was lucky to get the balance back. lakini kwa maana hasidi hana sababu,the fair lady sued later . After 3 years of court corridors,the case was thrown out with costs. It was payback time.

Any car from me now is cash and carry. Saves lots of headaches.Seen all the cars being sold by Leakays and other auctioneers? They are from chaps who are unable to meet the terms of 'asset financing'

If i were you,and the agreement is not clear,i would really sweet talk the seller. And while at it no need to 'hide' the car at some place in Kamulu bungalows. A demand note to produce the same will hit your pocket big time,not counting unaswerable questions from our flying friends a.k.a ' gwanini naangalia sisi gwa maco gavu gavu?,wewe ni jambasi? gwanini?

'ope u reach an amicable solution.

For i am the master and the captain of my fate !
"For i am the master and the captain of my fate"
jerry
#10 Posted : Saturday, June 27, 2009 7:15:00 PM
Rank: Elder


Joined: 9/29/2006
Posts: 2,570
@kwanini,We bought (or do I say I bought) a vehicle and we were to get the logbook after paying the balance which was 100k. The person selling the vehicle happened to be also a close friend to my partner and although I made good my part of the deal,I believe that my partner was just a 'broker' or wanted to assist his better friend. After paying the balance we/I couldn't get the logbook since the guy owed the dealer who sold him the car about 300k(not confirmed). The agreement says in part ' both parties have agreed that in case any party offends the contents and conditions herein the offending party will pay KSh 500,000 as liquidated damages and the aggrieved party will seek remedy in court'.

What's your advice on way fwd? I'll appreciate.

Hotels will always serve the fruits/vegs of the season. In stocks,ur duty as a trader is to identify the HOTshare of the season.
The opposite of courage is not cowardice, it's conformity.
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