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legalgems
legalgems, Lawyer
Category: Legal
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6-8 months ago I put my classic car in a shop and as of

Customer Question

6-8 months ago I put my classic car in a shop for restoration and as of right now nothing has been done.Gave the shop a 3,500.00 deposit to start.Certain people have told me not to pull the car out until he returns my deposit.What would be the correct way of handling this.
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Generally the court will expect a party to act in a reasonable time-so unless there is some justifiable delay in performance (ie delay in parts) then failure to act can be deemed an anticipatory repudiation. When a person indicates that s/he is not planning to perform his or her obligations, this is considered anticipatory repudiation. The party who was not planning to breach the contract can use anticipatory repudiation in order to seek remedies against the other party. Anticipatory repudiation can be via words (I will not perform) or actions (failure to perform).

One can send a letter to that effect, requesting return of the vehicle and the deposit. If that fails, one can sue in small claims if the money is less than $10,000, and requesting return of the vehicle.

http://www.courts.ca.gov/selfhelp-smallclaims.htm

There is a complaint letter here:

http://www.courts.ca.gov/11145.htm

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

Checking in on the above. Thank you for using Just Answer.

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