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Category: Business Law
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Hi - I won a bid at a school auction for some granite in March

Customer Question

Hi - I won a bid at a school auction for some granite in March 2007 from Company A. I paid $600. The granite was worth, according to the certificate, $1,500. I have called Company A, visited Company A, spoke to the secretary, spoke to the owner, faxed him copy of the certificate, and now sending by certified copy a copy of the fax. I have done most of this work over the past 12 months. I looked up the statute of limitations, California Code Civic Procedure, Section 312. My questions:

1. is this a good smalll claims court case?
2. is this considered a "written" contract, and I have 4 years to file in small claims court?
3. what should I go for - the $600 or $1,500?
4. what am I not asking that I should?

Thank you.
Submitted: 5 years ago.
Category: Business Law
Expert:  Roger replied 5 years ago.

1. Yes. You have a simple breach of contract action against the company for failing to honor the agreement.

2. Yes. Written contracts have a 4 yr. limitation period (§337); Oral contracts have a 2 yr. limitation period (§339).

3. You should seek the $1500, which is the value of the bargain you made.

4. You should send a demand letter to the company asking that they honor the contract, and if they fail to do so, you should proceed with filing the action.

Customer: replied 5 years ago.

Thanks much for your quick reply!

 

Is there a sample demand letter that I can use, i.e. a link? Or do I just "demand" that they honor their contract.

 

 

Expert:  Roger replied 5 years ago.

I don't know of a form.

 

However, you can simply write a letter outlining the fact that you won the bid for the service, that the company has failed to honor the agreement, and if it does not comply, you will be forced to sue.

Roger, Attorney
Category: Business Law
Satisfied Customers: 26917
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
Perfect - thanks again.
Expert:  Roger replied 5 years ago.
No problem. Good luck.

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