If I ordered a custom car engine 6 months ago and was told that the build time would be 10 weeks, If I still haven’t received anything can I request my deposit back?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I ordered a custom car engine 6 months ago and was told that the build time would be 10 weeks, If I still haven’t received anything can I request my deposit back?

Asked on April 24, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should be able to get your deposit back, so long as you can show that the agreed-upon delivery date was 10 weeks. In that event, the builder has materially breached (violated in an important way) the contract; when one party to a contract violates it in a material way, the other party is excused from its obligations and can seek the return of any deposit. The more documentation you have of the delivery date, the stronger your case (e.g., best would be if you had a signed agreement or quote indicating when you would get the engine). In the absence of any documentation of when the motor should have been delivered, you may wish to send the builder a letter (sent some way you can prove delivery; e.g. Federal Express or certified mail, return receipt requested) which recites the time line (e.g. when you commissioned the engine; when they promised it; how long has gone by), stating that the engine is overdue, and stating that unless they provide it in some reasonable time (e.g. 2 weeks) you will terminate the contract and demand your deposit back. This will help document the expectations and their non-performance.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption