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On 11/30/2017 I ordered on line from Lowe's store washer and…

Customer Question
On 11/30/2017 I ordered...

On 11/30/2017 I ordered on line from Lowe's store washer and dryer, paid by my credit card for this purchase $2, 900. I was assured by the store that these machine would be delivered on 12/14/2017. The merchandise were not delivered, the store didn't indeed me about delay. Then Lowe's promised to deliver it on 12/24. The same result: no calls, no delivery. On December 30 they promised to deliver but I was told that the truck could cross the bridge and they will deliver these machines next week. NO luck, machines are still were not delivered. I ordered these machine for a rental property. The tenants are very upset and I have problems with Airbnb clients because my listing included the availability of the laundry room. Do I have a case for a Small Claims Court? What is your advise. Thank you,

Lawyer's Assistant: What state is this in? And how old is the truck?

Venice, CA(Los Angeles)

Lawyer's Assistant: Has anything been filed or reported?

No. I was calling this company and Delivery Office.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't know anything about the truck. The truck had to cross 2 small bridges over the Venice Canals. There are some Weight limitations for cars or truck.

Submitted: 7 months ago.Category: Landlord-Tenant
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1/12/2018
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,105
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation.

This appears to be a breach of contract based on the failure to perform within a reasonable time if they made promises they would be there on 12/14 and 12/24, but failed to show up. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. You may be able to sue on the grounds that you lost business and reputation as a result of their failure to perform.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

What other questions did you have for me today?

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