What can I do if my dentist did not have the work crowns that he promised me and is now refusing to issue me a full refund?

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What can I do if my dentist did not have the work crowns that he promised me and is now refusing to issue me a full refund?

I pre-paid for 3 crowns and some fillings. My dentist put on 2 temporary crowns and promised to have the crowns delivered on a specific date. I showed up to my appointment to get the crowns and the crowns were not ready. Now, I am refusing to go back and I am requesting a full refund. My dentist is refusing to issue a full refund because the crowns are now ready. Can I sue my dentist for a breach of contract?

Asked on December 16, 2014 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You most likely cannot: while the dentist did not have the crowns ready on the specified date, he did have them later. Under those circumstances, the failure to have them on the specified date is probably not a material (critical) breach--the sort of breach which justifies the other side to treat a contract as terminated--or alternately, was a material breach but was cured (corrected) by then getting the crowns in later. Either way, you probably cannot treat the contracy as terminated by the dentist's breach and get a refund, but rather would have to reschedule the appointment and give your dentist the chance to put in the crowns. If the dentist had never gotten them in, that would be different, as it would be if the failure to have them by the specified date caused you some significant physical or economic injury--but that does not appear to be the case.


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