What are a customer’s rights if the product ordered was not as represented?

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What are a customer’s rights if the product ordered was not as represented?

I am a designer that contracted a local company for shutters for a client. A deposit of $7,000 was paid 5 about 5 months ago with a 6/8 week turnaround. As of today’s date we have only received 1/3 of the shutters (installed at beginning of march). They are an inferior product than what was presented and we are getting no response from the company, phone, mail etc. We want our money back and want to re-order from another company.

Asked on March 31, 2014 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You and the client can sue the company for breach of contract.  Your damages (the amount of compensation you are seeking in the lawsuit) would be the amount paid $7,000 plus the cost of completion of the work with another company.  You will need to mitigate (minimize) damages by selecting another company to supply the shutters whose fee is comparable to other companies in the area supplying shutters.  If you were to select the most expensive company you could find to supply the replacement shutters, you have failed to mitigate damages and your damages will be reduced accordingly.


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