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Breach of Contract?

San Diego, CA |

On August 19, 2012, I entered into a retail installment contract. The contract stated payments were due on or before the 1st day of each month. Due to unforeseen circumstances, I was unable to pay on the specified date. On March 8, 2013, I received a letter stating formal notification of default, and according to the signed contract, I was now in breech of the agreement unless the full amount is received within 48 hours of receiving this letter. The date I was supposed to pay was March 1st, 2013. I was 7 days late. This clause is in violation of CA Civil Code. I was not given 10 days like I was supposed to. Can I sue for reinstatement of the contract or money paid thus far? (Contract not under UCC)

Attorney Answers 2

  1. I'm not sure what civil code you are referring to, but, you should be able to get caught up with your contract, especially if this is the first time you were late. Also, if they have not yet repossessed the vehicle you should be able to just "pay it" and any related late fee. If they refuse to allow this it may well be bad faith on their part. Make sure NOT to do this by phone but instead in writing. For further input please get in touch with my office. We handle these matters statewide:

  2. You mention that this is a retail installment contract for the sale of a horse and conclude by saying "contract not under UCC."

    The UCC governs contracts for the sale of goods. Goods under the UCC are defined as things that are movable at the time of contracting. A horse qualifies as a good, unless there is more to your facts that haven't been stated.

    So my first question is why don't you think the UCC applies to this contract dispute? Once the UCC is understood as the governing law then we can look at how the seller must proceed based on the facts and the contract's terms.

    For further questions, please contact:

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