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LADY LAWYER
LADY LAWYER, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6536
Experience:  Consumer Lawyer
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I have a custom street rod that I am purchasing a custom interior

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I have a custom street rod that I am purchasing a custom interior for. On February 4th, I placed a deposit with an upolsterery shop. At the time, I felt as though the gentlemans quote was rather high, which he did admit so himself, but said he was going high to cover himself, having not seen the vehicle in person. I was happy at the time that he could meet my deadlines [work to begin April 1st] , so I gave him a deposit, which he said was necessary to hold my place in line. Now he pushed the start date back to April 8th. I guess my question is, am I in a position that I can still negotiate price with him when I take the car to him on the 8th, or has my deposit locked me in his quoted price? Also, would my deposit be refundable if we cannot agree on a price? Thank you for any assistance.
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Did you get in writing that he said he would start on April 1st?
Customer: replied 4 years ago.


No I did not have that in writing?

Verbal agreement though - that April 1st was the start date?
Customer: replied 4 years ago.

Yes it was a verbal agreement. It may be important to ad that I have the carbon copy of the bill of sale, and he did not sign it. Does that help?

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Customer: replied 4 years ago.
Relist: Incomplete answer.
Hello! It appears your other expert has opted out so I am happy to jump in and provide you with legal information today!

Yes, you can still try to negotiate a price with him because he has already breached the verbal agreement by not being able to start the work on April 1st. Further, if you cannot agree on a price, you will be entitled to your deposit back due to his breach. If he will not give it to you, you can sue successfully in small claims. If you have any further questions, I am happy to keep helping you! If not, would you kindly consider leaving me a positive customer service rating at this time? It costs you nothing further to do but it is the only way the site will compensate me. Thanks!
Customer: replied 4 years ago.

Does the fact that he did not sign the bill of sale also negate it?

The bill of sale...do you mean the quote? No, it does not have to be signed to make it legal.
LADY LAWYER, Lawyer
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Experience: Consumer Lawyer
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