I ordered a guitar from a well known custom maker. Half paid on credit card... he then withdrew remaining half without asking, so it is paid in full. He first said that guitar would be sent "tomorrow".. now it s months later and he refuses to answer phone calls or return emails. What is my recourse?
Country relating to Question: United States
State (if USA): New Jersey
Maker is in Calif... I have left messages and written, and ultimately threatened to take legal action. But have done nothing.
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. Can you please tell me:-how much was the overall amount?-did he state via advertisement, email, or in contract (i.e. on paper) when the guitar would be ready?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
The total is $2700; and, yes, I did get a contract/work order specifying the elements of the final guitar and indicating delivery in February of 2012.... I would actually be willing to wait, as I have with other guitars, but he now is clearly avoiding me. I had my secy write to inquire whether he is still making guitars -- from a different email address -- and he responded instantly. So we know that he is still in business. Thanks. John
Thank you.At this time, you have a right to file a pleading in small claims court for (1) breach of contract and (2) fraud.A cause of action for damages for breach of contract is comprised of the following elements: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff. Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830 [69 Cal. Rptr. 321, 442 P.2d 377].The necessary elements of fraud are: (1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage. Alliance Mortgage Co. v. Rothwell, 900 P. 2d 601 - Cal: Supreme Court 1995.However, a letter threatening to file suit normally would take care of the matter. If not or if you choose to go straight to the suit, you may.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
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