What to do if a seller fails to ship a product that has been paid for?
Question Details:
I paid a luthier (private guitar builder) from to make a guitar for me approximately 2 (now going on 3) years ago.According to him, he said it was finished about 4 months ago. I paid him the balance that was owed 3 months ago, but he has not shipped the item. It appears on his website as a finished item, I paid via PayPal but nothing. Each week I call him and he promises to ship it that week, but then the following week he makes up some excuse. This has been going on almost 3 months now. How should I proceed to have this resolved?
Business Law Answers
Notify the gentleman that if you do not receive the guitar within 10 business days, you will be forced to take legal action; do so in writing, in some way that you can prove delivery. Do not be abusive or insulting, but set out calmly and clearly that you paid the balance 3 months ago but have not received the instrument; that if it is complete as claimed, there is no reason why cannot be shipped.
If it does not ship, your legal recourse to try to get your money back is to sue him--if it's under the amount for small claims court, you can file there, where you don't need an attorney and matters are less expensive. Be sure to sue for interest on your money, too, and any other costs you've incurred.
Other options you have, not to recover money, but to seek satisfaction, if he does not provide the guitar is to report him to the police for theft by fraud (taking your money, not providing what he was supposed to) and to the better business bureau.
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