I have a customer that prepaid for product, that i haven’t been able to provide in a timely manner.

UPDATED: Sep 30, 2022

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I have a customer that prepaid for product, that i haven’t been able to provide in a timely manner.

They are now threatening to to file charges if I don’t provide a
partial refund along with a months rent for their facility and deliver
the equipment by a date that I won’t be able to meet. This Saturday.
I will be able to satisfy the obligation within 10-14 days, but I
probably couldn’t do it any sooner than that. I live in PA.

Asked on June 14, 2016 under Business Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You won't face criminal liability (e.g. charges), unless they can prove you acted with criminal intent (e.g if based on the evidence, it's clear you never had the abilty or intention of fulfilling the order, but rather attempted to defraud them out of money). But you can be sued by them, based on breach of contract (not honoring the deal) for the return of their money, if you missed the agreed upon (or, if no exact date was set, a reasonable time frame) for delivery; they could also sue you for any costs the delay caused, such as wasted rent (rent paid when they couldn't use the facility or space due to the delay). Since lawsuits take time and cost both sides money, it may be in both your interest to negotiate to some settlement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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