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After much contact over the phone and in person with an engine…

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After much contact over the...
After much contact over the phone and in person with an engine rebuilder he agreed to refund the majority of the purchase price of an engine after he supplied me with defective engines twice. Of course he claims no fault BUT he settled for an amount of $1051 dollars. I accepted his offer and returned the defective engine to him. He issued a check in that amount and I thought that was the end of it. The next day he placed a stop payment on the check, told me he changed his mind and wasnt going to settle, and to come pick up the defective engine. This is a round trip of well over 175 miles. My question is, does not the agreement to refund this ammount, his acceptance of the defective item, and the issuance of a check a binding contract. Also do I have legal recourse in this matter. He is located in Oregon state I am in Washington State.
Thanks in advance
Submitted: 8 years ago.Category: Consumer Protection Law
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6/11/2010
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
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Hello and thank you for your question.What precisely can I answer for you?
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Customer reply replied 8 years ago
What I need to know is do I actually have legal standing to force a payment. I still have the check in hand, however, and am wondering if there is anything short of a lawsuit that I can do. The problem I have here is that the city and county in which HE resides and works is 100 miles away in a neigboring state (oregon) and I am not familier with their laws regarding stop payment on refund checks.
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
You could threaten a lawsuit or have a lawyer do so by letter. You could have a lawyer prepare a complaint and send a letter noting that unless claim settles it will be filed.
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Customer reply replied 8 years ago

I realise I can threaten a lawsuit. That is a given. Im not trying to sound contrary but THAT isn't even worth paying for as an aswer. What I need to know is do I actually have legal standing as a check was written then payment was stopped the next day because he "changed his mind". He has taken posession of the defective item..issued a check..then changed his mind. To my thinking he has entered into a binding contract then broken said contract. Also he is in a neighboring state yet the aggreement was made over the phone while he was in Oregon and I am in Washington. Does this mean I can file suit in Washington?

Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
You would sue where he is located for purposes of venue, jurisdiction and enforcement.
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Customer reply replied 8 years ago
Relist: Inaccurate answer.
Please use "Experts" who will take the time to actually respond with are real, if not easy, answer.
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