Legal Question in Real Estate Law in California

how do you give permission to an agent to repossess your heavy equipment piece someone didn't pay and breeched the contract we signed in California?

Asked on 6/06/13, 1:46 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, you need to verify (by using a lawyer, preferably) that you have a right to repossess the equipment. Generally, a straight sale with delivery to the buyer gives the seller a right to sue for money damages for breach of contract when he isn't paid. However, usually that's it. In order for you to have a right to repossess, you need some kind of security interest. You may need to have filed a UCC-1. You may need a security agreement. Be cautious and determine your legal rights and limitations before retaining an agent to do a repo.

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Answered on 6/06/13, 3:49 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. If you do not have a security agreement, the other option, which is difficult, is to sue and get a writ of attachment. With the writ of attachment, you can have the sheriff collect the heavy equipment. Getting a writ of attachment will require that you post a bond, and a lawsuit will also be necessary.

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Answered on 6/06/13, 7:23 pm

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