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eBook details

• Title: Great Dane Trailers v. A-1 Truck Rentals
• Author : Third District. District Court of Appeal of Florida
• Release Date : January 10, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Under section 520.11 Fla.Stat., F.S.A., which was in effect at the times involved in this case, a seller of a motor vehicle, under a contract providing for retaking for a breach thereof, was authorized to retake possession. Provision was made therein for giving the buyer notice and opportunity to redeem. In subsection four it was provided that if the buyer did not redeem or demand a public sale, the seller or holder had the option to retain the vehicle as his own, or sell it for his own account without obligation to account to the buyer, or to sell the vehicle at public sale after notice as therein specified. By subsection five it was provided that when a public sale is had the proceeds should be applied in a manner therein outlined, and as to liability of the buyer for a deficiency balance, it was then provided that the buyer "shall remain liable for any balance remaining unpaid after such application only if there is a public sale as provided above," and if the contract contained certain provisions for specified application of the proceeds of sale and that the buyer should remain liable for any balance. The contracts in this case contained those requisite provisions.

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