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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100505
Experience:  Lawyer
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I bought a part agreed from a small business. It never

Customer Question

Hi, I bought a part agreed from a small business. It never worked from the day he brought out plumbers and then electrician to install. He contracted the trades and I paid them as agree. He verbally agreed to oversee these trades. I do have text saying so.
Part never worked and dies 7 weeks later. He would not send it back or provide loaner needed. Need the part to run my dental office. His trades broke old part so couldn't reinstall it. He is blaming the trades he hired. I dont care who broke it can't prove it didn't come working as never worked.
It was Also the was the wrong part I found out. Needed dental pump but he sold non dental commercial pump. Mislead me that they were the same. Dental pumps have way to prevent sewer backup into lines. His didn't.
He is suing me for another part he bought to try to get original pump working. I never agreed to any invoices to buy this part. Regardless it didn't make the original part work.
He also wants to be paid for his time as installer when the trades I paid installed it and he admits in text he was not charging me for install if I paid trades.
Do I have a case under Alberta or Canadian fair trading or consumer protection act or sales or good act.
Want my money back as he wouldn't fix or warrenty it when it died.
I paid for working part not broke part. Also paid for a unit that would work in a dents office and his was not intended for dental use. I sent him a demand letter when it broke and I had to buy a new one 7 weeks later. Want money back for part I will give him and money back for trades I paid that he hired as I had to repay trades again for the new one.
Submitted: 2 years ago.
Category: Canada Law
Expert:  AG replied 2 years ago.
Are you and the suppliers you dealt with located in Canada ?
Customer: replied 2 years ago.
Yes we are both in Alberta.
Customer: replied 2 years ago.
Are you able to come up with an answer for me? just wondering when I should check back for your answer.
Expert:  AG replied 2 years ago.
Thank you for your reply, I am going to have to send this to our Canadian Experts, Thank you for bringing your question to JustAnswer, ANDREA
Customer: replied 2 years ago.
Thanks I look forward to your response.
Expert:  Debra replied 2 years ago.
I'm sorry to hear this.How much did you pay for this part?
Customer: replied 2 years ago.
Part was $4500 trades to try to install it came to $2500. The one I bought installed 7 weeks later was $7800
Expert:  Debra replied 2 years ago.
What you should do is send them a letter by registered mail setting out the facts, totally the damages and giving them a deadline to pay you in full and tell them if they fail to comply you will commence legal proceedings and then will also be seeking damages, interest and your costs.
You can sue them in Small Claims Court and self-represent and if it gets that far and you find you need some help as you go through the process you can post on this site again and I can assist you further.
Customer: replied 2 years ago.
I already did this. We go to court Monday. Was hoping one of the acts I asked about backed me up legally and in non legal talk how. Please let me know if and how the consumer protection act or fair trades act or good and services act relate to my case. That was my original question.
Customer: replied 2 years ago.
Should I repost the question or will you reply. You gave me an answer but it didn't answer my question. My original question is whether the consumer protection act, fair trading act or goods and services acts legally help me. What part of them may apply and how? I have reads them but am not a lawyer and just want to make sure I understand them and can refer to the proper parts of the document that applies.
Expert:  Debra replied 2 years ago.
When you sue you are suing on the basis of breach of contract. While this is an unfair business practice the most important issue is that they breached their contract with you. So yes it is a breach of the Consumer Protection Act that is not so important. It would be important if you were filing a complaint with the Consumer Protection Branch but this is before the Court. So you can certainly site the Act to the Court but this is a breach of a contract in the most clear and basic way and you are seeking damages for breach of contract. Sorry for the delay but you are working with a practicing lawyer and not getting computer-generated answers and we have to eat, sleep and my case I am a single parent of four children.

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