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IL contract law, can a seller in a private transaction car sale reposses the car back after buyer missed payments

Asked over 3 years ago - Bloomington, IL

I recently came into an agreement with my mother to sell her my car. She has only had it 2 months and made only 2 payments. She was late with both payments. At this time I'm ready to repo the vehicle back b/c of a huge family situation and I know she will not pay me the rest of the money. The car is still in my name and I would like to know how to get this back the right way?

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Attorney answers (1)

Mazyar Malek Hedayat

Reputation Level 12

Answered over 3 years ago. Bankruptcy Attorney in Lockport, IL.

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You've asked whether a private seller can use 'self-help' following a breach by the buyer. Short Answer: Yes.

Illinois contract law is basically flexible - if 2 people agree on the terms of a transaction, then those terms will control (unless they are illegal). In your case, that means that if you and your mother agreed that she would pay certain amounts on certain dates then you can hold her to it. If she fails to do so then you can hold her in default (or 'breach') of the contract and collect by suing or using non-court means to repossess the vehicle. This second form of collection is also known as 'self-help'.

I hope this information was helpful. Good luck in your endeavors.

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