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i took a 490.00deposit on a carport garage that had to be built

 
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Customer Question

i took a 490.00deposit on a carport garage that had to be built in ocalao shipped to cocoa and erectedthe people changed tere mind 3 or 4 times so i took there dep waited 4to5 days and it aweek later they called and cancelled nowbody gave them a delievere date al i said was ocalor wood call to give a deliery date now there taking me to court for there depor 3times amount and all fees thank you XXX@XXXXXX.XXX

 

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Country relating to Question: United States
State (if USA): Florida

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they had somone call and say they were a layer it was there daughteritold her have them call me and we could talk i did meet them 4 or 5 times to design the garage wy should for free

Submitted: 313 days ago.
Category: Legal
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  socrateaser replied 313 days ago.

If you actually built the carport, then you are entitled to be paid for your work. If you did not build the carport, but you are prepared to build and deliver it within a reasonable time, then you can give the buyer a delivery date, build the carport and demand payment.

If you do not want to build the carport, then the buyer is entitled to his/her money back, because you did not perform the contract.

As far as getting three times the amount in Small Claims court, that's not going to happen, as long as you were, and still are, prepared to build the carport and deliver it within a reasonable time. The most that the buyer could get in small claims court is the deposit amount.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

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Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.0 %
Accepts: 7045
Answered: 6/26/2012

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Customer replied 313 days ago.

the factory i deal whith has built the garage the people cancelled it after it was built now we have a special order and size garage and no cuatumer and they want there dep back in fulli am the designer and over seeer when put together

Picture
Expert:  socrateaser replied 313 days ago.

Then you are entitled to payment in full for the merchandise. You can request payment and if the purchaser refuses, then you can sue them in small claims court for "specific performance," which means that the court can order them to take delivery and pay the contract price, or alternatively pay you damages for the cost of the merchandise plus your lost profits. The maximum amount recoverable in Florida small claims is $5,000. If your damages are more than that, then you would have to hire a lawyer and sue (or, alternatively take the $5,000 and waive your rights to any additional amount).

For info on small claims court, see this link.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

 
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