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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101023
Experience:  Lawyer
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I will like to have your legal advice on the following

Customer Question

Hello Sir,
I will like to have your legal advice on the following matter..
I got a set of chairs from a dealer in August 2015, but another color was delivered pending within a define period. But after the period was over, the dealer was not willing to recognize they still had a deal with me. After several attempt of amicable settlement, I took the matter to court of small claim, It 's now that the defendant is willing to negotiate.
We have an appointment with a mediator, the chairs are financing payment not cash, and cost $ 4200.00 without tax, How much can I claim for damage, if the dealer is willing to take the chairs back and refund my 9 months payments ? I will like to have an idea on my rights before going to the meeting.
Thanks for helping
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am not quite following the facts.

Are you saying the dealer is willing to put you in the same position you would have been in had you never tried to buy the chairs?

And if that is correct are you thinking that this is not fair as you are entitled to have chairs for the amount you paid? If so how much would it cost you to get the chairs you actually want?

Customer: replied 1 year ago.
Am paying 105.96 $ monthly for financing the item, and it a five years financing,
I don't want the chairs anymore, l am ok to cancel the transaction,
What l am asking you, is how much do l claim from the dealer for misrepresentation, since they finally acknowledged they didn't give the item l ordered.
I know of course they will refund all my deposit or my total payments at the bank.
Expert:  Debra replied 1 year ago.

The law is that you should be put in the position you would have been in had this not happened.

So if you don't want any chairs then you are entitled to a full refund and all financing costs paid for by them so you are not out any money.

Then you can possibly claim a small amount for inconvenience but the court will not award much for that, perhaps $500 at the very most.

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

You are very welcome.

If you feel we are done please rate me before you leave the site so that I can get credit for my work.