Contract legality

[Greg G]

Jurisdiction

California

I have a written contract to store someone's car while they are overseas, although our property is not officially zoned as a vehicle storage yard. I'm in unincorporated area of our county. Irrespective of what issue I might have with the county planning people, is my contact with the owner of the car I have stored still valid and enforceable?

The car owner is current over a year delinquent on their rent. If the owner or their agent show up and demand to take the car without paying their back rent, do I have to let them take the car?

 

[Zigner]

I have a written contract to store someone's car while they are overseas, although our property is not officially zoned as a vehicle storage yard. I'm in unincorporated area of our county. Irrespective of what issue I might have with the county planning people, is my contact with the owner of the car I have stored still valid and enforceable?

The car owner is current over a year delinquent on their rent. If the owner or their agent show up and demand to take the car without paying their back rent, do I have to let them take the car?

There is no way that this group of random internet storage can comment on your contract. Please consult with a local attorney.

 

[mightymoose]

If you park the car inside a garage or other locked structure it won't disappear easily. You could also remove the battery or otherwise disable it so it doesn't wander away.
Make sure you have the VIN. If need be you could obtain a judgment in court and put a lien on the vehicle.

 

[zddoodah]

is my cont[r]act with the owner of the car I have stored still valid and enforceable?

It is utterly impossible to comment intelligently on the validity of a written contract without reading it and knowing all of the relevant facts.

If the owner or their agent show up and demand to take the car without paying their back rent, do I have to let them take the car?

Depends on what the contract says.

 

[adjusterjack]

The car owner is current over a year delinquent on their rent.

1 - What does your contract say about failure to pay?

2 - Why in hell have you waited a year to address this? smh.

 

[Greg G]

1 - What does your contract say about failure to pay?
** It says I can charge late fees each month.

2 - Why in hell have you waited a year to address this? smh.

** After many attempts to get the owner to pay, I already applied to the California DMV and have received approval to conduct a lien sale to recover what is owed.
I'm just wondering if the owner or an agent of theirs shows up before the sale and demands the car, am I obligated to surrender it without collecting on the lien?

 

[army judge]

** After many attempts to get the owner to pay, I already applied to the California DMV and have received approval to conduct a lien sale to recover what is owed.

if you wish to continue to do "favors" for people, just ask for the money in FULL before you do the "favor".

If the other party balks, assume you won't be paid even on a monthly basis.

That's when you invoke the most powerful word in the English language, NO.

Good luck, mate.

 

[adjusterjack]

am I obligated to surrender it without collecting on the lien?

Again, that depends on the terms and conditions of the contract.

** It says I can charge late fees each month.

If that's all it says about failure to pay or about what you can do with the collateral, you might not be able to hold the car hostage.

Have your contract reviewed by an attorney. I'm guessing it wasn't written properly.

Heck, go ahead and post it here, redacting any identifying information.

 

[mightymoose]

am I obligated to surrender it without collecting on the lien?

Not likely. If you don't hand over the car on demand he will have to go through a legal process to compel you to do so... the same process which will result in him being ordered to pay what is due.