What to do if we prepaid in full for a $5500 water filtration system that we never received?

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What to do if we prepaid in full for a $5500 water filtration system that we never received?

It was for a whole house water filtration system. We paid in full 5 years ago. They would not leave the filtration tanks with us saying that they would do the installation. We contacted them several times to ensure we could still install. This was a vacation home and we weren’t there much. We tried to have them install 3 years ago but they were a no show.Flash forward. We finally got them to come out and he said that they have discontinued the system we paid for and so wants to charge us an additional $3000 for the new system. Can we get any portion of our money back for the old system?

Asked on September 6, 2019 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, they failed to honor the contract, or breached it, by not providing the system they contracted to provide; their breach entitles you to recover the money you had paid them. If they will not voluntarily repay, you could sue them for the money, based on breach of contract. They cannot keep your money without providing what they agreed to provide, or alter the terms to make you pay more for something else.


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