Good evening,We contracted a gentleman in CO to build a kit car for us, we paid him a deposit of $4000 after that he came back and said it would cost us more than the original agreed amount, we cancelled the build. He agreed to refund us $3700 (minus restocking fees)and we only saw $1100 of it. My husband is actually in CO right now and this guy is only 4 miles from where he is. He wants to go see this guy but wants to make sure all his ducks are in a row so as not to screw this up. He will be leaving there on Sunday morning and wants to go see him tomorrow regarding this issue. Any suggestions on what might be the best and most productive way for him to approach this guy? I am sorry to do this so late, but he just went by and checked out the address to make sure the guys was still there then called me. Last we heard from him was 04/09/09. Emailed numerous times after that with no response. We were told at after that, that if we decided to pursue this legally that is would most likely cost us more than what he actually owed us. This is the first time my husband has been close enough to actually be able to do a face to face with this guy, and he thought that since he was this close he would go see him and see if we couldn't get this taken care of. Thanks for any help you can give us.Lisa
State/Country relating to Question: Virginia
All of our correspondence has been by email.
Thank you for the post, I am happy to assist you by answering your questions. Is the original contract in writing? If not, was the offer to provide a refund in writing?
The original contract was in writing, unfortunately I am not sure I have a copy. This was the first time we had ever done anything like this,and weren't quite as smart as we should have been. I have an email from him stating the amount of the refund we agreed upon. Also a few others regarding additional payment beyond the $1100 we received.
Thank you, XXXXX XXXXX in your husband's position should strongly consider drafting a demand letter and attaching copies of the evidence you all have documenting the arrangement and his prior representation that a refund would be forthcoming and submitting this to the potential defendant advising that unless a refund is received in 10 days a suit would be filed. The benefit of the letter is that it affirms the liability and can later be used as evidence. Please let know if you need additional guidance.
Unfortunately he isn't in a position while he's there to be able to get this paperwork done before he leaves and he would really like to go and see him in the small amount of time he has there. What can he go to this guy with in person and in the mean time I can get the letter and all of the documentation started . He just wants to have some kind of idea of what to say to him tomorrow.
ok, he should explain that he has tangible evidence in support of a breach of contract claim, and will not hesitate to retain counsel to file suit against the contractor for breach of contract should the contractor not correct the issues complained . Please let me know if you need additional guidance.
Negotiate, Draft, and Review many complex commercial agreements each year.
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